DISCLAIMER
The information contained in this User Guide has been derived from over 20
different industry sources. These sources include, but are not limited to, police
officers, attorneys, experts in the fields of radar and laser speed detection along
with other various references. Even though the methods contained herein have
been effective in countless traffic ticket cases, this is NOT LEGAL ADVICE.
PayNoFine assumes no liability with regard to the accuracy of the information or
methods described.

Table of Contents
Introduction
PART One - From Driveway to Court Day
Chapter 1 How to avoid a traffic ticket
Chapter 2 Radar Detectors and Jammers
Chapter 3 What to do when you are stopped
Chapter 4 Fight, plea or Pay?
What to plead
Should you hire a lawyer
Driving school and other pleas
Necessity of Speed Defense
New York DMV Transit Adjudication Bureau
Out-of-state tickets
Chapter 5 Proper Planning Prevents Poor Performance
Setting the Court Date
Department of Motor Vehicles
Your Rights
Public Records request
Discovery
Review of the Evidence
Return to the scene
Visit the court
Pick your Defense
Chapter 6 Show Time - The People vs. You
Appearances count
Who’s Who
Typical Trial Procedure
The Prosecution’s Case

Appendix A Public Records Request Form
Appendix B Notable Case Law for Radar Tickets
Appendix C United States Radar Speed Guns

Additional References

Introduction
Welcome to PAYNOFINE’S User Guide to Successfully Fighting Traffic Tickets.
Since you are reading this, it can be presumed that you are one of the approximately 35 million people who received a traffic ticket this year. That actually
breaks down to about 100,000 tickets a day! Our hope is that you will be one of
the small and silent minority who successfully fight the system each year.
Government studies are fond of citing that 97% of all traffic tickets are successfully prosecuted. What this same research doesn’t want you to know is that 95%
of all these traffic tickets are not contested. Of the five percent that are actually
contested, one half are dismissed. The remaining half usually enjoyed reduced
fines or other plea bargain arrangements that were less than the original mail in
fine amount. To understand the system you first have to examine the economics
of the machine.
The most important part of the traffic ticket money making machine is to keep
the fines at a generally tolerable level. The average speeding ticket cost is somewhere between $75 - $150. A quick calculation can show you that even a ten
minute trial will eat the total fine in overall costs for courthouse time when you
take into account the Judge, prosecutor, police office, court clerk, court reporter,
etc. Therefore, it is imperative that the system make you feel like you have an
impossible journey ahead of you. To put this economic formula in perspective,
the City of Chicago reaps over $100 million annually from traffic ticket fines. Los
Angeles amasses over $150 million and New York wins the race with over $350
million a year! These amounts do not even include the additional increases in
auto insurance premiums that most speeders will enjoy for the next three years
after their conviction.
There are two important facts to continually remember as you read through the
methods and tactics presented in this guide:
1. Unless you are a total buffoon in court and get a contempt of court charge,
your fine will be exactly what you would have mailed in originally. You will only
be out your time invested. Remember, it’s not just the fine but also the increased
insurance premiums you’re trying to save with your time investment.

2. A recent study by an attorney specializing in traffic tickets showed that 60% of
his contested cases were won. Of that amount, over 40% were won by lack of
prosecution - No Officer = Dismissed. An additional 25% were won through the
inability to prove the charges.
As you can see, just by going to court and contesting your ticket, the odds swing
in your favor. This Guide will help prepare you for your travel through the halls
of justice. When you finish reading and absorbing the strategies and tactics in
this book, you will know more about traffic tickets and the traffic court system
than most police officers. That’s because most police officers only focus on one
small aspect of the process—writing the citation. You, however, will understand
the entire process.
To ensure you get the most, this guide is actually comprised of three main Parts:
Part One - From Driveway to Court Day (Chapters 1 - 6)
Addresses everything from avoiding a ticket to the verdict
Part Two - Tools of the Trade (Chapters 7 -11)
Covers all aspects of the various types of speed detection systems
Part Three - Odds & Ends (Chapters 12 - Appendix C)
Miscellaneous items of interest including other types of traffic tickets
It is important to remember that traffic laws and codes differ from state to state
and are constantly changing. You must do your homework to insure that you are
current in all matters relevant to your particular situation. In addition, the information in this Guide is intended as basic strategies and tactics. Consider this
Guide as your game plan, but you still need to get in there and pitch. This Guide
is NOT LEGAL ADVICE. It is, however, the best thing you can get without
paying major hourly fees to an attorney. Throughout the Guide we will use the
generic pronoun “He” rather than He/She or some other politically correct
phrasing. We hope no offense is intended to our female readers.

PART ONE - From Driveway to Court Day
Chapter 1
How to avoid a traffic ticket
This Chapter can be considered something along the lines of preventative medicine
or starting with the basics. Unless you are one of an extremely small minority
who actually slow down for more than two days after receiving a ticket, you
need this Chapter to keep you out of trouble in the future. Think of your daily
driving somewhat in the same context of a fighter pilot. And since maximum
situational awareness is essential, the following tips should help to keep you out
of harm’s way:
Start with the proper equipment. A bright red high performance sports cars is
extremely sexy, it also looks like it’s going 90 while sitting parked at the curb.
There are a wide variety of high performance cars that don’t command so much
attention. What ever the vehicle, you have to be equipped with electronic countermeasures. ECM for the highway consists of a good radar detector. More on
this in Chapter 2.
Study the road ahead but keep an eye on “your six” as the fighter pilots are fond
of saying. Terrain is crucial. Don’t savor the moment and crest a hill doing 80
MPH. On-ramps are another favorite spot for police to hide. As you speed past
they swoop out and sneak right up to you with a nice paced or radar verified
ticket so stay alert!
Watch for a hiding police car in front of a slow moving semi-truck. The only
reason a semi is doing the speed limit is because there is “trouble in the forest.” If
the police car is not immediately visible, he could actually be right in front of the
truck waiting for some happy go lucky motorist to go zipping by the slow moving truck.
Be sure to avoid the left lane except to pass. This is the target lane for any police
officer running radar in any location. You will notice that you very rarely, if ever
see radar set up on the right side of the road. That’s because the police know that
the speeders are in the left lane. Use the left lane only when necessary, and then
only as long as it takes to move over to the center or right.

In the same general concept as staying out of the left lane, don’t bob & weave
through traffic like some crazed skier on a wild downhill slalom run. Keep in
mind that any officer finally stopping you after this performance will likely
decide that you were driving recklessly as well as speeding. Double trouble. Pay
attention to any car coming up fast behind you, especially at night. If you are
cruising down the highway at a comfortable 75 or 80 mph and see headlights
steadily gaining on you - SLOW DOWN NOW! This is either a police office
about to write you a paced speeding ticket or some other speeder.
During your travels through the dark forest of the highway you will occasionally
be passed by a speedy little rabbit. Feel free to accelerate and maintain about a 1/
4 mile interval between you and this radar sniffer. Enjoy the small level of comfort in knowing that this rabbit will find any radar up the road before it gets to
you; however, don’t forget about remaining alert. You know, that area behind
you where a police officer would just love to sneak up while you aren’t keeping a
vigilant mirror check.
Watch all cars parked on the shoulder regardless of make, model, color, etc. Any
car on the side of the road should be cause for immediate reduction of speed. If
it’s not a police officer, it could also be another motorist in trouble, (use your own
discretion) or a motorist about to pull back onto the highway.
As you can see, the underlying theme throughout all of these suggestions is
situational awareness. Know your environment. Be one with the radar force that is
lurking somewhere down the road. The only other safe option is the slow pace of
the posted speed limit.

Chapter 2
Radar Detectors and Jammers

Radar Detectors
As mentioned in Chapter One, a radar detector is an essential piece of automotive equipment which will allow you to stay ahead of the radar-equipped traffic
patrol officer. Before going any further, you need to know that radar detectors are
illegal in Virginia and the District of Columbia. Anyone caught with a detector in
the car that is accessible to the driver or passenger with available power is facing
a fine of $300 in D.C. and between $25 to $100 in Virginia. In addition, the police
will likely confiscate the detector as evidence until after the trial. Radar and laser
detectors are also illegal nationwide for commercial vehicle drivers.
The most important thing to remember about a radar detector is that you are not
invincible. You should also remember that a police officer will generally not give
a warning to anyone having a radar detector. A small detail, having a detector is
still the best possible equalizer on the road today.
The radar detector industry is constantly changing and improving so any specific
model comparisons are usually out of date by the time they are printed. There
are a few general rules of thumb to use when shopping for a detector:
1. Get the widest range of detection possible with no less than X, K and Ka.
2. Have a different light and sound for each different band.
3. Provide a good visual display and a volume control or mute button.
4. Look for at least 110 dB sensitivity.
5. Remember, the higher price doesnâ&#x20AC;&#x2122;t always indicate the best product.
Now that you have your detector, you should mount it high on your windshield
in the vicinity of your rear view mirror. This will give you the maximum possible
detection range. Once you install the detector, use it all the time. Donâ&#x20AC;&#x2122;t even
think that it is just for going on trips or for highway driving. A detector can save
you in the middle of the city as easily, or often easier, than on the highway. The
more traffic, the more the officer has to activate the radar unit. Each and every
time he activates the unit, he can be detected.

The most frequently used radar technique is the instant-on mode. In this setting,
the officer pulls the trigger when you are in sight and boom he has you. Or so he
thinks, you’ll read more about the downfalls of this method in the later Chapters.
When you get an instant on (you’ll know this because the detector goes off as
you actually see the officer), however, do NOT stand on the brakes. Take your
foot off the accelerator but by no means do a major braking slow down. The
officer will see the brake lights or severe nose down angle of the front end of
your vehicle and immediately know that he has you and you have a detector.
Why else would you be slamming on your brakes at the same instant he has
tagged you with instant on radar?
You should also be aware that some police cars are equipped with VG2 detectors.
Simply put, a VG2 detects the local oscillator (LO) output of a radar detector.
This LO output could also be caused by cell phones, ham radios, satellite up
links and even police radios. Newer model detectors have made a real concentrated effort on shielding the LO output. Some models are even equipped with a
VG2 detector - detector which will briefly shut down the radar detector when it
senses a VG2 detector.
Despite all of the technological complications, the bottom line is to get a good
radar detector, mount it high on your windshield and use it constantly. The pay
off will far out weigh the downfalls.

Radar Jammers
Radar jammers come in two distinct varieties: Passive or Active. The differences
lie in two areas: Passive Jammers do not transmit and are legal while Active
Jammers do transmit and are highly illegal. With that said, let’s look at the two
types in a little more depth.
Passive detectors are generally advertised as a device that will phase shift the
radar beam, mix white noise in with the beam or re-radiate the beam. Phase
shifting and white noise are other fancy words for give us your money.
Re-radiating the beam is another phrase for you’re super gullible, send a lot of
money. Re-radiating the beam is the same as reflecting the beam. One other thing
that is even bigger and better at this technique is your car! The bottom line on
passive jammers is don’t waste your money. Take that cash and get a good detector. It will actually work as advertised.

Active detectors do transmit, do work and are illegal. Anything that transmits in
the radar bands requires a FCC license. Police departments and local municipalities are licensed although the actual officers do not need to be individually licensed. Current radar units can detect when they are being jammed. Imagine
racing down the highway doing a comfortable 85 while your active jammer is
broadcasting a steady 35 mph to the nice officer and his radar unit. As the cop in
the movie once said, â&#x20AC;&#x153;Boy, you bought yourself a whole mess a trouble now.â&#x20AC;?
Not only does the officer know you are exceeding the posted speed limit, he now
knows you are jamming him and therefore obstructing justice and interfering
with a police officer in the execution of his duties.
Are you beginning to sense that the speeding ticket will be extremely secondary
to the new list of charges? Again, take the money and invest in the radar detector
not an active jammer.
Laser Detectors
Laser detectors are legal since laser is a light beam and not a radio frequency. The
only problem with a laser jammer is that your car is still a lot bigger reflector
than the small laser jammer. One good investment in the war against laser guns
is the Photo Cover which is available under a variety of names. The police typically aim for your carâ&#x20AC;&#x2122;s license plate since it is reflective and usually white. The
Plate Cover is designed to reflect, absorb and refract the laser beam while not
affecting the view or appearance of the license plate. These devices are effective
and typically cost around $30.00 each.

Chapter 3
What to do when you are stopped
Despite all your attempts to avoid police contact, you are now staring at the
flashing blue and red lights in your rear view mirror. What you do in the next
five minutes is extremely crucial to successfully beating the citation you are
about to receive. Let’s go step by step and remember that you are already preparing your defense before you even pull your car over.
The first step is to safely pull over to the right shoulder of the road. Pull over as
far to the right as conditions will allow. This will provide the officer with some
measure of safety from the oncoming traffic as he approaches your car. Granted,
you are likely hoping that he becomes a hood ornament for some passing semi
but the key to success is to be both nice and unobtrusive. You want to be as least
memorable when you get to court in a month or two; therefore, everything you
do should be extremely mundane and ordinary.
Once you have stopped your car, shut off the engine, roll down the drivers
window and wait with both hands on the steering wheel. Leave your seat belt
on; however, if you are not wearing it in a state where it is required, don’t try to
put it on before the officer gets to your car. If you are stopped at night turn on the
dome light. Finally, take a deep breath and calm yourself, now is not the time to
get upset and loose your temper.
When the officer approaches your vehicle, he will likely ask you one of two
standard questions:
1. Do you know why I stopped you? Your response is, “No officer, I don’t.”
2. Do you know how fast you were going? You have three levels of response:
- “I was speeding officer, I’m sorry.”
- “I’m not really sure.”
- Answer the officer’s question wth a question such as “how fast do you have me
going officer?”
The key element here is not to admit anything. You have a right to remain silent
but the officer isn’t required to advise you of this right (Mirandize). Do not
respond by saying, “Well I think I was doing about 62 when you know you are in
a 55 mph speed limit. This is called admitting your guilt and it can and will be
used in court!

When the officer asks for your license, registration and proof of insurance (if
applicable) tell him where they are located and ask to get them before reaching
for anything. If you are in a state which allows concealed weapons, by all means
also notify him of the weapons location. If your documents are in the glove box
or console, get them and close the compartment. This way the officer isn’t worried about you reaching in for an illegal weapon while he is writing your citation.
This brings us to the request for a vehicle search. If the officer asks permission to
search the vehicle he doesn’t have any probable cause. Under no circumstances
agree to this search. If he threatens to get a search warrant, politely tell him to go
ahead and get one. The crucial element here is probable cause. The officer must
have probable cause prior to the search. If your vehicle has smoke pouring out
and smells like a Cheech and Chong reunion, he will search without asking. The
same is true if you have alcohol on your breath. In either of these cases, you have
some other serious issues that you are about to come face to face with other than
your speeding ticket.
It is also important to remember that this is not the time to plead your case or
argue the issue. You are trying to maintain a low profile and arguing or giving
some lame excuse that the officer has heard 200 times is not going to get you
anywhere. You should realize that as soon as his pen hits the ticket book he is
committed to issuing the citation. He can’t void out the ticket and say he made a
mistake. Once he starts to write, the citation is yours to keep.
While the officer is writing your citation, usually back at his vehicle, it is time to
start your defense process. Begin to assimilate as much data as possible. Small
details are essential. These are the kind of things that the officer will not remember when it comes time to appear in court. Some of the basic information you
should be trying to gather is as follows:
1. Make, model, license plate number and unit number of the officer’s car.
2. Note your exact location and try to determine the distance between where
you stopped and where the violation occurred.
3. Even though your citation will list the basic weather conditions, make note
of all the weather conditions such as temperature, wind, cloud cover, etc.

4. Note any passenger names and be sure that your passengers remain totally
silent during the entire stop unless they are asked a specific question.
5. Make note of your shirt or coat color.
6. Make note of any distinctive characteristics about your vehicle such as any
noticeable dents, two tone paint, mag wheels, etc. Again, you are after as
many small details as possible.
7. You also need to remember and note everything the officer said during the
stop. If he talks on his personal radio during the stop, try to note these items
as well. A lot of times the officer who stops you will not be the officer who
was running the radar unit. It is crucial to your case that you establish this
point.
8. Note the current traffic conditions and remember the surrounding traffic at
the time you were pulled over. If you were surrounded by a sea of traffic try
to remember anything and everything about that sea of traffic.
When the officer returns with your citation he will generally ask you to look it
over and sign it. This signature, as the officer will explain to you, is not an admission of guilt but an acknowledgment of actually receiving the citation. It’s important to note that not all states require that you sign the citation, one such state is
Kentucky.
After you sign the citation, you might want to ask the officer if you can see the
radar read out. The officer isn’t required to do this due to your own safety. The
police department doesn’t want you run down by a passing motorist while you
were heading back to the squad car to look at the radar. If the officer allows you
to view the radar, make no comments whatsoever. Do try to make a note of the
manufacturer or model number. Under absolutely no circumstances should you
ask to see the calibration fork. That is a major red flag that you know the ins and
outs of radar and you are going to fight the citation. You have now moved into
the memorable category and that’s counterproductive to your case.
After the officer returns to his car, stay at the scene making notes for no more
than two minutes if he remains at the scene. He will usually be making notes on
the back of his copy of the citation. Again, do not make yourself memorable by
staying at the scene until the officer leaves. Your fight has just begun and there
will be plenty of time to prepare your case without waiting at the scene. It is
accessible 24 hours a day for you to study.

As you pull away from the scene, do so calmly and safely. Spinning tires and
slinging gravel across the officerâ&#x20AC;&#x2122;s hood are not a good ideas. Head out with the
confidence that you will likely never see the officer again since the odds favor
him not showing up at your final court date. Then again, there is also the satisfaction of knowing that the next time you face the officer it will be in a court
room with him under oath answering your questions. If you adhered to the
information discussed above, you will be no more than another of a string of
citations he wrote in the past month. Smart money bets he darn sure wonâ&#x20AC;&#x2122;t know
what color shirt you had on or how windy it was.

Chapter 4
Fight, Plea or Pay
Now that you have your citation in hand it is time to decide if you are going to
Fight, Plea or Pay. As far as PayNoFine is concerned, there is really only one clear
choice—Fight. Remember, even if you fight and loose, your fine is no higher than
you would have paid initially. You also need to weigh the fact that you will be
paying the fine plus the added insurance premiums.
If you’re still in doubt, here a the most common reasons why people choose to
fight their citation and have their day in court:
• I can’t afford or don’t want to pay the fine.
• I don’t want the ticket on my record.
• I can’t afford the points on my license.
• I didn’t do anything.
• OK, I did do it but everyone else was doing it too.
• The officer was a major jerk and I want pay back in court.
If you fit into one of these scenarios, it’s time to move forward and start your trip
down the halls of justice.

What should I plead?
There are typically four types of pleas you can enter for a traffic citation:
Guilty - I’m a bad boy and here’s my money. Please raise my insurance.
Guilty with an explanation - I’m a bad boy but let me tell the court why
before I pay my money and you raise my insurance.
Nolo Contendere - Latin for No Contest, otherwise known as I’m guilty but
don’t want to say so. Here’s my money, go ahead and raise my insurance.
Not Guilty - This is the plea you are interested in if you want to save money.

It is important to remember that Not Guilty, by law, does not necessarily mean
you didn’t commit the alleged offense. What it means is the prosecutor now has
to prove beyond a reasonable doubt that you did commit the offense. The burden
of proof is now on the prosecution and not you. If the officer doesn’t show up at
your trial, that is the prosecution’s problem and your salvation. The extent of
your defense is a simple motion to dismiss due to lack of a prosecution witness.
One last item concerning the not guilty plea: If you have to emotionally fight the
moral issue of a not guilty plea, you don’t have the conviction (no pun intended)
to see the fight through to the end. You probably don’t even have any real fight
in you. In this case, you would be best served by paying the fine and clearing
your conscious. Then again, you might want to decide if your conscious can be
cleared by time spent in driving school rather than paying the fine out right.

Should you hire a lawyer?
The only true test in deciding if you need an attorney or not is whether jail time
is a possibility in your sentence. Any citation, such as:
• DWI / DUI
• Driving on a suspended license
• Hit & run accident
• Any felony involving the use of your vehicle (drug or weapons possession,
manslaughter, robbery, etc.)
If your case involves any of the items listed above, you definitely require the
services of an attorney. If not, you then need to weigh the cost of the attorney’s
fee against the fine and insurance premium increase. There are some attorneys
who specialize in traffic ticket dismissal and generally charge between $50 and
$100 for their services. These attorneys typically specialize in obtaining continuances, arranging for probation sentences or, in a worst case, arrange for a driving
school plea bargain. These are all options that you are quite capable of handling
without an attorney. The advantage with these services is they have ongoing
relationships with the prosecutors and are usually able to work within the system better than a stranger. If the price is right and it appears that you could get
an arrangement other than driving school, you might consider one of these
traffic ticket specialist for the pure convenience.

Similarly, any attorney brings with him his knowledge of the law and legal
system, his trial experience and his fee. Once you hire an attorney you loose
control over the case. Unfortunately you have the most knowledge of the actual
particulars and details that your attorney does not possess. You also need to
remember that this case is not going to land your attorney on the cover of the
latest legal journal; therefore, his attention span is going to be somewhat limited.
One industry statistic shows that unless you testify on your own behalf and
inadvertently convict yourself during that testimony, ninety-percent of all traffic
case would not have benefited from the services of an attorney.
If you still feel compelled to use an attorney, you should consider joining the
National Motorist Association (http:www.nma.org). The NMA offers a variety of
resources (see additional information in the section titled “Additional Resources”) including an attorney referral service. This service also maintains a
database of attorneys, by region, who specialize in traffic ticket defense.

Driving School and Other Pleas
The most popular form of plea bargain available is usually referred to as Driving
School or some other variation of the same theme. In this situation the defendant
agrees to attend and provides a certificate of completion from a school that is
licensed by the local jurisdiction. In exchange for your attendance, the charges
against you will be dropped. This option is generally a once a year arrangement.
In some states you can even qualify for an insurance discount with your certificate of completion so long as you don’t let it slip that you actually attended due
to a speeding citation.
Generally speaking, this scenario is a painless way to eliminate the charges
against you. Many schools work in a comedy theme and try to make the ordeal
as enjoyable as possible. The only other factor is cost. A typical driving school
will cost between $35 to $50, You might also have to pay a court cost charge in
addition to the school’s fee. The total cost is still likely to be less than your fine
would have been. You might want to seriously consider this option if your case
appears weak and unlikely to be dismissed. On the other hand, if you have a
fairly strong case, save the driving school option for another time and place since
it is usually a once a year type option.

Necessity of Speed Defense
Simply put, the Necessity of Speed defense says that while you admit that you
were speeding, you had mitigating circumstances that forced you to exceed the
speed limit for your own safety. One such instance might be when all the traffic
around you is doing 70 mph in a 55 mph zone. To do the posted speed limit
actually creates a dangerous situation while the ebb and flow of traffic attempts
to go around you. Another scenario might be when you have a driver tailgating
you combined with another car immediately adjacent to the left of you while yet
a third car is attempting to merge into you from the right. Clearly you had to
blast the accelerator up to 80 to get out of this harmful situation. The odds of the
defense working are extremely small. Do not base your hopes for a dismissal
solely on this defense. In fact, this defense is best left alone.

New York DMV Transit Adjudication Board
The State of New York offers a unique challenge for successfully fighting traffic
tickets. Actually this challenge exists in Albany, Buffalo, Rochester and New York
City. If you receive a citation in these cities you are essentially doomed. These
cities utilize the DMV Transit Adjudication Bureau. This facility is not a real
court. You have no right to discovery, you don’t get a supporting deposition, you
cannot plea bargain and you don’t even get a real judge. Appeals are virtually
non-existent and according to a recent report, the Bureau is required to maintain
a 65% conviction rate in order to maintain revenues. The only positive is that the
Administrative Law Judge doesn’t have the power of incarceration so you won’t
end up in jail.
The only hope for a small measure of success in this venue is to file as many
continuances as possible and hope that the officer finally doesn’t show for your
appearance date. This is the only way you will manage to beat a citation in this
skewed excuse for a court system. As hard as it is to believe, this system is legal
and constitutional. Continued efforts to revise this system have been vetoed by
the governors at the time since it is realized that this system is a money machine.
The best advice is not to get a ticket in any of these locations.

Out-of State Citations
Sometimes when a driver is in another state and receives a ticket, most people
take the attitude that they can ignore it thinking it will not effect their driving
record. Unfortunately, 36 states and the District of columbia have mutually

entered into an agreement called a Driver’s License Compact. This is where the
states have agreed to share information about a driver’s record. For example, if
you live in California and travel to Las Vegas, Nevada and on the way you get a
speeding ticket in the Silver State and if convicted, the citation would be listed on
your California drivering record.
The following states share driver’s license information with the other states on
the same list:
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Louisiana
Maine
Maryland
Minnesota

Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oklahoma
South Carolina
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming

Ignoring an out-of-state ticket
Depending on your home state laws, it is considered rare that you will be arrested in your state for ignoring an out-of-state traffic citation. This is due that
police from other jurisdictions cannot arrest you outside of their state and it is
also unlikely that your home state police will go through the expense of having
you sent (extradited) to the particular state where you ignored the ticket. But,
keep in mind that if a state that has entered into the Driver’s License Compact, it
will may appear on your driving record. Also keep in mind that if you return to
the state where you ignored the citation, you could be arrested or your license
may be suspended.

Chapter 5
Proper Planning Prevents Poor Performance
Now that you have decided to stand up and fight, there are a few things to check
on as you get started in the preparation of your defense. Some of the more important items are:
• Check with your auto insurance agent to see what effect your conviction
would have on your insurance policy.
• Contact the Department of Motor Vehicles (DMV) to determine your current point status and how many points your possible conviction will carry.
• Dispense with any automotive administrative work such as registration
renewal, inspection, etc. These issues should be resolved before the trial.
• Resolve any outstanding “Fix It” or parking tickets before your trial.
• Determine if you are eligible for Driving School.
• Review your upcoming schedule so you can have an idea about what
possible conflicts might exist with your likely court date.
Finally, once these administrative matters are resolved, or in the process of being
resolved, it is time to start preparing your defense strategy.

Setting the Court Date
In order to have a need for a defense strategy you first have to enter a plea and
set your trial date. There are three typical methods for entering your plea with
the court:
• Personal appearance at the Court Clerk’s Office to request a trial date.
• Appear before the judge and enter your “not guilty” plea combined with a
request for a trial date.
• Mail in a copy of the citation along with your request for a trial date.

During all three of these scenarios you will likely need to post bail in the amount
of the fine. Be prepared and check with the court ahead of time to insure that you
have the proper amount and proper method of payment. Now that you have
posted bail in the amount of the fine, you have two things in your favor. First off,
you have essentially paid your fine up front. If you lose your case in court, you
have already paid your fine and will not be out any additional money. Secondly,
if you are unable to appear on the trial date your bail is forfeited and there will
be no additional fines. However, if you do not post bail and do not appear for
your trial, in most states, a bench warrant for Failure to Appear will be issued
and you could be subject to arrest. Now instead of just a simple traffic citation,
you have an additional misdemeanor charge pending. Do not let a simple case
turn into a complex case by missing your trial date.
Once you have a trial date, you need to be aware that the Constitution guarantees “a fair and speedy trial.” Typically, a “speedy trial” is accepted to be 45 days
from the date of arraignment (date which you enter your plea). It is important to
monitor this time line very carefully. If the prosecution or the court contact you
about changing your trial date you will have to waive your right to a speedy
trial. The only advantage to waiving this right is that the longer the trial date is
from the actual citation date, the better the odds are that the officer won’t be able
to remember the details.
On the other hand, there are several disadvantages to not waiving your right to a
speedy trial. The court can now assign any date for the trial it deems appropriate
within the 45-day time frame. This date might pose a real schedule problem for
you and could force you into forfeiting your bail and the entire trial. In addition,
the case details are likely fresher in the officer’s mind and you have the added
pressure of getting ready for the trial at a faster pace. If you are not ready for
your trial in 30 days you will not be ready in 60 days. As for the officer, you best
hope is the officer not appearing at all. His notes are the main source of his
memory since he likely wrote several citations on the same day your citation was
issued. The bottom line is do not waive you right to a speedy trial.
One variation to the trial date scenario occurs when your citation includes the
officer’s vacation dates. This information is usually included as courtesy to the
court but can often be used to your advantage. The first step is to pick a date
right in the middle of the vacation period. Next, count back 40 days from that
date and be sure that this day doesn’t fall on a weekend, court holiday or, most
important, after your scheduled appearance date. Presuming you meet all those
criteria, you want to use that date as your day to appear at the clerk’s
office and enter your not guilty plea. As you can see, this scenario relies on two

critical elements: You need to have a citation that includes the officer’s vacation dates
and you have to be able to just walk into the Clerk’s office to enter your plea.
Now you will need to wait for your trial date to be set. The trial date is set about
40 days from the day you entered your plea in about 90% of all cases. If all goes
according to plan, you will enter the courtroom for your trial about the same
time that the officer is enjoying sunshine and palm trees. All that remains is a
simple motion to dismiss due to no prosecution witness. This is an extremely
optimistic outcome. What will likely happen is the court will notice the error and
contact you to postpone the trial or simply send you a letter with a new trial
date. If the court contacts you, refuse to waive your right to a speedy trial. If the
court simply reschedules your trial and the date is more than 45 days from your
arraignment date, you have a mistrial situation.
Before going to court on the newly assigned date, you need to research local case
law. You are trying to establish that an officer’s vacation time is not “good cause”
for the purpose of continuance. This will prepare you for the time in court when
the judge or prosecutor attempt to save face by explaining to you that the court
had “good cause” to continue your trial. At that point you will politely cite your
case law findings and again make a motion for a mistrial. If the judge overrules
you, proceed with your case and immediately file an appeal if you are found
guilty. The case will always be overturned on appeal.
Now that you have entered your not guilty plea and set the wheels in motion, it
is time to start assembling the facts and data needed to build your defense case.

Department of Motor Vehicles
Every state has a Driver’s License Bureau of some form or fashion. Most are
known as the Department of Motor Vehicles and they control every aspect of
your privilege to operate a motor vehicle in your state. These departments all
have a method of monitoring your driving record and deciding when you have
become enough of a hazard to the public to suspend your license. This usually
involves a system that assigns points to various violations. Once you accumulate
enough points, you become a pedestrian for a specified amount of time. A normal moving violation will affect your driving record for three years in most
states. Some states will hold a moving violation on your record for five years and
nearly all states leave a DUI / DWI on your record for a maximum of seven
years.

As you start to prepare your defense you need to verify the status of your driving record. You might also obtain a list of the entire point system. Most Departments of Motor Vehicles can provide you with a print out of your driving record
for a small fee. Hopefully you wonâ&#x20AC;&#x2122;t be facing a suspended license for this current citation. If so, you might want to consider your case worthy of an attorney.
For those of you in a normal situation, a check of your driving record will confirm that you will be safe from suspension but will still have a three-year mark
on your driving record and, more important, your auto insurance record.

Your Rights
You are probably aware that most courtrooms are, to say the least, rather ominous and oppressive. This is so you will have no doubt as to who is in charge
and the seriousness of your situation. Despite this overwhelming pall of authority, you still have certain undeniable rights. The problem is that traffic court is
usually a place where these rights are glazed over in an effort to get you to plead
guilty and pay your fine. It is crucial that you are fully aware of your rights as
you approach your trial date. These six basic rights should be ingrained in your
mind as you enter the courtroom.
1. You have a right to a speedy trial. See the discussion on Court Date above.
2. You have the right to a court trial. Normally this is with a judge and not a jury.
Some states will allow you to request a jury trial but you will have better luck
with a judge than a jury of your peers in most traffic cases.
3. You have the right to an attorney. In traffic case you must provide the attorney
at your cost unless your offense could be subject to jail time.
4. You have the right to subpoena witnesses or documents. Use this right to
your advantage. Do not subpoena the officer who was in the passenger side of
the police car. The only subpoena items you are interested in are those documents listed in the Public Records and Discovery sections of this Chapter.
5. You have the right to cross-examine any witnesses against you. This is typically
the officer who wrote the citation. This is why no officer, no case, no conviction.
6. You have a right to remain silent. DO NOT forget this right as you get into the
courtroom. You do not have to testify against yourself, therefore, unless the
situation clearly warrants, do not take the stand for the defense.

As we move through the defense preparation and actual trial proceedings you
will see how important these rights are to your case. Write them down in some
prominent place where you will be reminded of them during your trial.

Public Records Request
The issue of public records is important in two areas. The first is to look up the
actual vehicle code section your are charged with violating. You need to be aware
of the exact verbiage of this code article and any relevant case law attributed to
the code. Secondly, you may need to utilize the public records provision to obtain
the necessary documents to help you prepare your defense.
Your local vehicle code can be reviewed at the local library or, even better, a local
law library. You need to look this code up in an “annotated code” book so that
you will not only get the actual code but also the relevant case law. Review the
various case laws and copy anything that is supportive of your likely defense. In
addition, you should also study any case laws that you would use if you were
prosecuting your case. As for the actual code itself, here is an example from the
California Vehicle Code with an analysis of what the prosecution will need to
prove in order to obtain a conviction:
CVC 22350 - Unsafe Speed

“No person shall drive a vehicle upon a highway at a speed greater than is
reasonable or prudent having due regard for weather, visibility, the traffic on,
and the surface and width of, the highway and in no event at a speed which
endangers the safety of persons or property.”
Now let’s take a closer look at each element in the law:
“No person shall drive a vehicle” (You will need to be identified as the driver
and the prosecution witness will need to have seen you actually driving the
vehicle)
“upon a highway” (This is subject to a broad definition but the
prosecution must establish where the violation occurred)
“at a speed greater than is reasonable or prudent” (What is reasonable or prudent? This is open to opinion.)

“having due regard for weather, visibility, the traffic on, and the surface and
width of, the highway” (These are the parameters used to establish
the reasonable and prudent issues)
“and in no event at a speed which endangers the safety of persons or property.”
(Did you endanger or run the possibility of harming a person or someone’s
property?)
As you can see, most codes are lengthy and grammatical nightmares. You will
need to break the code down into manageable pieces and establish all the points
that the prosecutor will need to prove against you. If he does not prove all of
these points you should have grounds for dismissal after the prosecution rests
their case. More on this in Chapter 6.
You can also use the right to public records as an avenue to obtain background
documents to help in the preparation of your case. These items are listed out in
the next section that discusses the Discovery process. The Public Records request
is made to the Chief of Police in the form of a letter similar to the example in
Appendix A. You should check with the local law library or the State’s Attorney
office beforehand to determine the specifics of your state’s public records laws.
Keep in mind that there is no specific time frame for the delivery of these materials. There is nothing to prevent a police department from delivering them after
your trial date. This is why the actual request for documents should be done by
subpoena as shown in the next section on Discovery.

Discovery
The Discovery process is a right of the defendant as a part of the trial procedure;
however, some states severely limit this right to discovery in traffic cases. Again,
this limitation is part of the court’s efforts to get you to plead guilty, pay your
fine and go home. You need to remember that the discovery process is a constitutional right.
The items you will need, and the actual phrasing of the request, are listed in
Appendix A under the Public Records Request. You will need to check with the
local court clerk’s office to establish the actual procedure for the discovery subpoena. You also need to be sure that the request stipulates that the items are
needed prior to trial. The list of items typically needed for a radar speeding ticket
are as follows:

• Radar - Repair records, manufacturers manual and specifications, calibration log and the law enforcement department’s FCC License to operate the
radar unit.
• Tuning Fork - Certificate of accuracy and repair or calibration records.
• Police Officer - Arrest record (day of offense and last three months prior to
your date of offense), daily log for the date of your offense, radar training
record and operator’s certification and copies of both sides of your original
citation.
• Patrol Car - Speedometer calibration certificate, repair and maintenance
records along with the repair and service records for the actual patrol car.
You need to be aware that the prosecution could counter this request with a
“motion to protect” which will attempt to deny you access to the discovery
documentation. If this happens, you need to appear at your trial date and make a
motion to dismiss the charges. This may or may not work. At the very least you
should ask just what the prosecutor is trying to hide by denying you access to
these documents. This should be followed with a motion for continuance to
allow you ample time to prepare your defense after the materials are delivered.
If access is still denied by the judge, you have excellent grounds for a reversal of
a guilty verdict during the appeal process. The next section will discuss what to
look for in the actual pieces of documentation you received in response to your
request.

Review of the Evidence
In the last section we reviewed the list of documents that should be requested by
subpoena for the preparation of your defense. In this section we are going to
presume that the prosecution was forthcoming and has delivered all the requested materials to you. Now let’s look at this big stack of papers and see if we
can find anything that will help us win our case.
Radar repair records should be reviewed for frequent repairs or total lack of
repair. Frequent repairs, of course, would indicate that the unit has chronic
problems. A lack of any repair records would indicate that the unit’s maintenance could possibly be neglected.

Radar manufacturers manual and specifications will indicate maintenance recommendations as well as operating procedures. These procedures will help to
form the basis of your cross-examination. You also need to check the units frequency against the requested copy of the FCC license.
Radar calibration log will show how often and at what times the unit was calibrated or checked for accuracy. In two cases (Wisconsin v. Hanson and Minnesota v. Gerdes) it was established that calibration checking with a tuning fork
should be performed “within a reasonable time” after the citation is issued.
In two other cases (Connecticut v. Tomanelli and New York v. Struck) it was
further ruled that a tuning fork calibration should be performed immediately
before and after a citation is issued. All of these cases have established that tuning at the start and end of the shift is not acceptable even though this is often the
normal practice. See Appendix B for further discussion on Case Law.
FCC License grants a law enforcement the authority to operate the radar unit is
for a specific, or range of specific, frequency. You need to compare the frequency
information in the manufacturer’s manual and specifications against the FCC
license. This will verify that the officer was operating the radar unit legally. Keep
in mind that only the department and not the actual officer will need to be licensed by the FCC.
Tuning fork calibration information is necessary to show that the radar unit has
been calibrated to a “traceable standard.” Without the calibration certificate the
tuning fork is immediately suspect as accurate for calibrating the radar unit.
Police Officer’s arrest record may indicate a pattern of certain cars ticketed. It may
also indicated a certain area that is a frequent target of the officer. If a favorite location is identified, this could be a location that has bad engineering, traffic control
problems, bad signage, etc. which contribute to the frequent citations issued.
When reviewing a police officer’s daily log will indicate all citations issued that
day. You want to look for any series that are issued for the same speed in the
same location which would tend to indicate that the radar unit was locked and
the same reading was used for several vehicles.
A Police Officer’s radar training should reflect 24 hours of classroom instruction
followed by 16 hours of supervised field training. Most officers are actually
department trained for a very brief period of time. The 24/16 hour criteria has
been established by the National Highway Transportation Safety Administration
and endorsed by the International Association of Police Chiefs.

Police Officer’s copy of the citation (both sides) is informative since the officer
will typically put his own notes regarding the incident on the back of his copy.
Patrol Car speedometer calibration should show that the speedometer is in
proper repair and accurately calibrated. This is especially important if the patrol
car was moving at the time the radar unit was used. The Officer must be able to
compare the patrol car speed to a reading on the radar unit against the speedometer in order to guard against a radar shadowing error (See Chapter 7 for additional information on radar shadowing errors).
Patrol Car maintenance records will show any possible mechanical or, more
important, electrical problems which could hinder the proper operation of the
radar unit.

Return to the Scene
A return to the scene of your citation can serve several useful purposes. First, it
may trigger some additional details that you forgot since the last time you were
at the scene. Secondly, it will give you an opportunity to study the scene and
situation in more detail. If you see that there are certain contributing factors at
the scene, you will need to prepare full documenting evidence for the trial.
The evidence for the trial should be in the form of a large diagram of the entire
scene that will document every thing that is relevant. This should include:
• All roads with lane markings and widths.
• All traffic controls (lights and signs).
• Location of the officer’s vehicle and your vehicle at the time he pulled you
over. Also include the final locations after both vehicles stopped.
• All buildings, fences, walls, etc.
• All trees, hedges, bushes, shrubs, etc.
• Any other signage such as billboards, street signs, advertising banners, etc.
• All power lines, antennas, etc.

In addition to the diagram, you might also take some pictures from the driverâ&#x20AC;&#x2122;s
perspective to illustrate any obstructed signage or other contributing factors.
Your diagram and pictures should be of sufficient size to be easily viewed during
the trial. The diagram should be poster size and the pictures should be 8" x 10" at
a minimum. Only bring these items to the trial if they have a definite bearing on
your case. Do not bring a diagram that basically shows everything that is on the
citation. The prosecutor will thank you for helping his case! If the diagram and
pictures do in fact show some serious contributing factor, show no one until the
trial when you introduce these items as evidence for the defense.

Visit the Court
If time permits, you should take an hour or two to visit the traffic court that your
case has been assigned to for some observations unless your in a large metropolitan city. The judge will probably be the same for your case but the prosecutor
may or may not be who you are up against. During your visit you want to pay
attention to the way the judge addresses any defense motions or objections. If
you are lucky, you may get to see another concerned citizen as he blazes down
the same path you are soon to travel. How prepared is his case in comparison to
your case and can you learn from any mistakes he makes. You might also be
fortunate enough to see a seasoned traffic defense attorney in action. What can
you learn from his methods that will help your case?
You also want to study the relationship between the prosecutor (also knows as
an Assistant District Attorney) and the testifying officer. This relationship is
usually indicative of the level of intensity that the prosecutors are used to working with. Remember, 95% of all traffic cases are paid and never see the light of
the courtroom. What you see here will give a good reflection of what to expect
when you step up to the plate.
Finally, if the judge has a model of the guillotine on his desk and overrules every
defense objection, you might want to see how to get a continuance immediately.
Anything you can do to transfer courts will only help your case if it is apparent
that you are going to have to appear before a hanging judge.

Pick Your Defense
Now that you have reviewed your evidence, returned to the scene and reviewed
all of the supporting documentation, it is time to form a defense strategy for the

trial. You should be aware that most traffic tickets are argued from two directions: A mistaken identity of the vehicle in question or a false radar reading.
In actuality, your defense strategy should be comprised of several elements
which increase in relevance as the trial progresses. These levels, from least intense on up, are as follows:
• Lack of prosecution witness - this is your first real hope for a cakewalk. No
police officer, no prosecution witness, not guilty. It doesn’t get any easier.
• Prosecution fails to prove the case against you—this is where you need to
be totally familiar with the specifics of the code you are charged with violating. If the prosecution doesn’t prove each and every item in the code section,
a motion for dismissal is in order and likely to be awarded.
Technicalities such as wrong jurisdiction, wrong code cited, wrong address on
citation, etc. are worth trying but not likely to get you a dismissal except for a
jurisdiction issue. The old adage of “Hey the cop spelled my name wrong so I
can get off easy.” is simply not true. Do not rest your entire defense on this hope
since you will be ill prepared when the judge overrules your motion to dismiss
for a simple error.
Finally, you come down to proving some factual error such you were not the
driver, you weren’t driving at an unsafe speed, the radar reading was not accurate or not of your vehicle, etc. This can be through evidence such as the radar
unit wasn’t calibrated or by proving an operating or procedural error on the part
of the police officer.
As you can see, this overall strategy has a layer affect to it. You start easy and
build up to the harder levels. You need to walk into the courtroom ready to play
the entire game by yourself. Keep a checklist handy. The officer showed up for
the trail, don’t panic, move to the next defense level. The prosecutor has his stuff
together and hit every point in the code, move to the next level.
All you can hope for is to fight the best fight you are capable of and hope that all
of your preparation will pay off. The only way to prepare a defense strategy is
very similar to a military operation. You have to prepare contingency plans for
every possible scenario and be ready to shift tactics at a moments notice. You will
have preparation and an intense level of detailed knowledge of your case in your
favor. It also won’t hurt to have the benefit of PayNoFine which has already
prepared you for most contingencies.

Chapter 6
Show Time - The People vs. You
As you hear the bailiff announce “The People vs. Your Name Here” you realize
that you are about to become a stranger in a strange land. Your mouth is dry and
your palms are sweating. You begin to wonder why you didn’t just pay the fine
and be finished with this whole ordeal.
Just take a deep breathe and relax with the confidence that you have spent more
time preparing for this moment than the prosecutor. You know the details of
your case and you already have a good idea as to where the prosecution feels his
case is weak. In reality, the prosecutor’s only strength is that he has a better
understanding of the trial process. Hopefully, this Chapter will help to balance
out the scales of justice.

Appearances Count
A wise man once said that you never get a second chance to make a good first
impression. Keep this in mind as you dress for your day in court. If you had a
chance to visit the court before your trial, you can see the level of dress for your
particular courtroom. Unless you’re in an extremely small jurisdiction, the normal attire will be a suit for men and a conservative business suit for women.
Both sexes should avoid anything loud or flashy. It is just as important not to
over dress as it is not to under dress. Remember, the judges first impression of
you will be made before you even open your mouth. Be sure that he is impressed
and not already forming a negative opinion of you based on your attire.

Who’s Who in the Courtroom?
By now you should know who all the major players are in your upcoming trial.
You should also have a good feel for their individual roles in the overall process.
As a refresher, here are the main characters:
• Defendant - This is you, our intrepid hero.

• Prosecutor / ADA - This is the team captain for the opposition.
• Judge - The final authority on everything from objections to verdict & fines.
• Police Officer - This is the prosecution’s star witness.
• Bailiff - Master of Ceremonies as well as Sergeant of Arms for the Court.
• Court Clerk - The judge’s administrative assistant.
The only other likely player for the prosecution could be any additional police
officer who was involved in your particular case. If you were clocked by one
officer and another actually wrote the citation, they will both need to be present
for the prosecutor to make his case. If you don’t see the officer or officers involved in your case at the time it is called, you likely have a good chance for
dismissal before you even get started. Keep in mind that the judge may decide to
postpone your case until the end of the day to see if the officer shows up for the
trial. Be prepared to wait the entire day.

The Prosecution’s Case
The bottom line of the prosecution’s case is the need to prove, through the use of
evidence and testimony, that you are guilty beyond a reasonable doubt. As we
previously discussed, the prosecutor must prove all the elements in the specific
vehicle code section that you are accused of violating. The typical prosecution
case will attempt to prove that the officer made a visual estimate of your speed
and then verified that speed with radar, laser or motor pacing. The prosecution’s
equation is as follows: Since “A” is true and “B” is true then “C” must be true. In
this example, “A” is the visual estimate of speed, “B” is the verification through
mechanical means and “C” is that you are guilty.
You should be aware that the prosecution has a strong weapon in the case law of
“Kentucky vs. Honeycutt” which ruled that an officer does not need to be an
expert in radar operation. He only needs to be competent in the use of radar.
Review Appendix B for the major elements of case law and be familiar with them
as you go to trial. It would help to have notes on the cases that you feel may
come into play during your trial.
Your objectives during the prosecution’s presentation are two-fold. First, you
need to disrupt the speedy trial flow that the prosecutor and police officer are
used to. The primary method for this is through objections. Object to anything
that appears to be suspect. Review the next section for all the typical objections
you have available to you. Even if the objection is over-ruled, the prosecutor and

police officer have to break their rhythm while the judge makes a ruling on the
objection. Your second objective is to ensure that any testimony or evidence
introduced by the prosecution is admissible and relevant. Again, a review of the
typical objections should give you adequate background as to what is admissible
and relevant.
You should take thorough notes during the prosecution’s presentation. On one
side of the paper make a brief note as to what was said. Opposite this note, make
a comment concerning your upcoming cross examination or list the objection
you used. You also need to keep a running tally as to the specific points of the
vehicle code in question. As the prosecution proves any particular point of the
code, check that point off. This will make it easy to check if he has proved all
points when the prosecution rests their case. If all the code issues are not checked
off then your first course of action after the prosecution rests is to make a motion
for dismissal. Always keep in mind that the prosecutor must prove all points in
the code section beyond a reasonable doubt. Now let’s review the typical objections used in a traffic ticket trial.

Typical Objections
The purpose of objections is to limit the evidence or testimony to that which is
specifically relevant and admissible to the case. The judge has sole authority over
what is admitted and what is not admitted to the trial; however, the judge can
only invoke this authority if the evidence or testimony is challenged by objection.
In other words, if you don’t raise a flag the judge will not salute you.
When in doubt, object and let the judge rule as to whether the evidence or testimony is admissible. You need to walk a fine line with the objection tactic. Too
many invalid objections are only going to anger the judge and put you in a
position of a possible contempt of court charge. Too few objections and the prosecution will roll right over you. Don’t dispair, here are the typical objections used
in a traffic ticket trial, in the order you will likely have cause to invoke them:
OBJECTION: Independent Recollection
As soon as the officer begins to testify, he will likely read from his copy of the
citation. You need to immediately object to this since the officer is required to
testify from “independent recollection.” You also need to ask to see what it is the
officer is reading even if you received the officer’s copy of the citation through
subpoena. The judge will likely allow the officer to use his notes to refresh his
memory if the officer tells the court that he will require the notes to testify. This
will now start the wheels in motion for a dismissal since the 6th Amendment to

the Constitution guarantees you the right to be confronted with the witnesses
against you. The officer and his testimony—not the citation, are the witnesses
against you. If the officer has no independent recollection, he is considered
incompetent to testify. You need to establish that the officer is unable to testify
without his notes to paint him as an incompetent witness. One other important
point concerning the use of the officer’s notes. If his citation reads: “NBI45” then
all he can testify to is NBI45 not North Bound on Interstate Highway 45. As you
can see, the citation notes in this case will hurt the officer’s testimony and help
your case.
OBJECTION: Narrative
In this instance, the officer is telling a story (or narrative) rather than answering
specific questions from the prosecutor. You have a right to decide if a particular
question would have an objectionable response. By simply telling his version of
the events without questions, you have no opportunity to object.
OBJECTION: Foundation
This is a situation where the officer, or any other witness, testifies to something
that has not been established through evidence. For instance, if the officer testifies that his speedometer indicated a speed of 72 mph, the speedometer calibration should have been introduced as evidence in order to establish the foundation for this line of testimony.
OBJECTION: Speculation
This is a case where the prosecutor asks the witness a question and their answer
brings forth a statement that they could not possible know. Such as a comment
that you clearly saw the speed limit sign on the side of the road. This calls for
speculation since no one can testify as to what you actually saw.
OBJECTION: Conclusion
This is when the prosecutor asks the witness for a conclusion that they have no
basis to answer. For example, the prosecutor may ask the officer if the defendant
saw the stop sign and chose to ignore it. This requires the officer to make a conclusion based on insufficient facts.
OBJECTION: Not Qualified
Similar to a conclusion objection but in this case the witness testifies to
something that they have no expertise in. One instance would be if the officer
testified that the defendant’s muffler was defective. Since the officer is not a
mechanic, he is not qualified to make that determination.

OBJECTION: Hearsay
This is essentially anything said or written outside of the courtroom by anyone
other than the witness. The police officer can not testify as to what a witness at
the scene told him. The actual witness would need to testify for those statements
to be admissible. The same holds true for the officer who wrote the citation
testifying on behalf of the other officer who ran the radar unit. Both officer’s
must testify and only to the extent of their involvement.
OBJECTION: Irrelevant
These are things that may or may not have happened but have no bearing on the
application of the law. One such instance might be the officer testifying that you
had a hostile attitude towards him while he was writing the citation. Your attitude at the time has no relevance in the application of the law.
OBJECTION: Immaterial
This can be considered a cousin to the previous objection. Immaterial testimony
or evidence is something that has a remote connection to the facts at hand but
still not close enough to be admissible. One example might be the defendant’s
driving record. Prior traffic convictions have no bearing since you can’t be guilty
of this offense simple from past performance. In other words, just because you
have 12 other speeding convictions in the past three years doesn’t necessarily
mean you are automatically guilty of this speeding charge.
The Preemptive Objection
This is a case when you are desperate to slow down the pace of the trial or stop
the officer just as he is about to drop a bomb on your case. The goal here is to
stop the bulldozer from rolling over you long enough to disrupt their rhythm.
Be advised that the court will not tolerate this tactic more than one or two times.
If you abuse your objections then you will be restricted once you have a significant objection. This is very similar to the boy that cried wolf syndrome.

Cross-Examination
During the cross-examination, you are functioning as the defense attorney not as
the defendant. Your objective is to discredit the officer’s (or any other witness the
prosecution may introduce) testimony to create a reasonable doubt in the eyes of
the court. Remember, the prosecution has to prove his case beyond a reasonable
doubt, therefore, any discrepancies in the officer’s testimony serve to undermine
the prosecution’s case. The key to finding any discrepancies in the officer’s
testimony is to focus on details that the officer can’t possibly remember.

You have two criteria for every question you ask. First, you should already know
the answer to the question. By knowing the answer you are prepared for whatever the officer might say. In other words, his best answer will be what you
already know as the facts. For example, let’s say you ask the officer the color of
your car. The citation already says that your car is green, what you want to know
is what shade of green. Let’s presume that your car is Arctic Pea Green. The
officer will likely respond in one of three ways:
• If he tells you that the car is Arctic Pea Green - Move on to another topic.
• If he tells you he doesn’t know - He can’t remember the facts of the case.
• If he tells you it is brown - He doesn’t have a clue and can’t even remember
what he wrote on the citation (great for you).
In the last example, you need to remember not to argue the case with the officer.
You should only ask questions. The time for arguing your case is later during
your motion to dismiss.
The second criteria for cross examination questions is, will this question help my
case? You don’t want to ask a question that will open areas or details of the case
that could hurt your defense. For example, you definitely don’t want to ask the
officer why he only wrote you a ticket for speeding when in fact you had also ran
a stop sign! You do want to ask some specifics such as, “Did you see the UPS
truck in lane two?” You don’t want to ask, “Was there any other traffic around?”
The difference in these two questions is night and day. It also doesn’t hurt to start
most of your questions with the phrase, “Isn’t it a fact . . . “ This puts a huge
burden on the officer since he is under oath. If he can’t totally remember the
question as fact he will be forced to say he can’t remember. The more, “I can’t
recall” responses you get, the stronger your case for reasonable doubt. In addition, do not let the officer elaborate beyond the required response of the question. As soon as this starts to happen you need to cut him off and tell the judge
that the officer is being non-responsive. The judge should instruct the officer to
limit his responses to the specific question.
During the prosecution’s direct examination, you need to pay attention to the
specific strengths and weaknesses of the officer’s testimony. If the officer testifies
that he has had 24 or more hours of classroom instruction and 16 or more hours
of field training in radar operations, leave this area alone. Similarly, if he has not
met those training criteria then hit this area hard during your cross examination.

The same holds true during the prosecution’s redirect questioning. The areas that
the prosecution stresses during the redirect are areas he is worried about and
feels need shoring up for damage control. You will get one last chance at questioning the officer after the prosecution’s redirect. Go after all the areas that the
prosecution tried to shore up.
Specific in depth lines of questioning will be covered in each ticket type Chapter
(radar, laser and motor pacing). A few general questions that are useful during
the cross examination are as follows:
• Location of the defendant when the officer first spotted his vehicle.
• Did the officer always have a clear and unobstructed view of the
defendant’s vehicle from the time of first contact until the defendant stopped?
• How far was the officer’s vehicle from the defendant’s vehicle at first
contact?
• What where the traffic conditions during the entire pursuit time?
• What lane was the defendant’s vehicle in during first contact?
• What was the exact time of day that the offense occurred?
• What were the specific weather conditions?
• How many passengers were in the defendant’s vehicle?
• What is the color (specific) of the defendant’s vehicle?
• Does the defendant’s vehicle have factory hub caps or custom wheels?
As previously mentioned, the key is to discredit the officer’s testimony as much
as possible. If you continue to get, “I don’t remember” and “I can’t recall” type
responses, you are steadily building up the reasonable doubt towards the witnesses’ testimony. The next move by the intrepid defense team would be a motion for dismissal, which brings us to the next section.

Motions to Dismiss
A motion to dismiss your case can be requested for several issues. In this section
we will cover the various motions for dismissal you might use during your trial.
With any luck, this is as far as your trial will proceed.
Motion to Dismiss due to denial of a right to a speedy trial.
This would be used at the beginning of the trial if your actual trial date was more
than 45 days from the date of your arraignment. Your date of arraignment is the
day you appeared and pleaded not guilty. This would be a rare case and will
cause great embarrassment on the part of the court and the prosecutor. Consider
yourself lucky if you get to invoke this motion.

Motion to Dismiss due to denied access to evidence necessary to your defense.
This would also be used at the beginning of the trial if your subpoena was ignored by the prosecution. The likely event in this case is the judge will delay the
trial and order the prosecution to provide you with the requested information.
Keep in mind that you don’t want to waive your right to a speedy trial but you
might have to weigh that decision against getting your subpoenaed information.
Chances are the judge won’t let the speedy trial clause slip by.
Motion to Dismiss due to insufficient evidence.
This will occur immediately after the prosecution rests their case. This motion
only applies if the prosecution failed to prove all of the required elements of the
vehicle code you are charged with violating. This is why you keep a checklist of
all the points that the prosecution needs to prove during the trial. The list will
come in handy when you explain to the judge that the prosecution never identified you as the driver, never established what road you were on, etc.
Motion to Dismiss due to incompetent witness.
This is the culmination of all of the officer’s “I don’t recall” answers during your
cross examination. Again, this is solely up to the judge. He is not likely to rule
against the officer unless he has been shown that the officer really doesn’t have a
clue as to what actually happen on the day in question. This is why an extensive
cross examination is necessary.
Motion to Dismiss due to inadequate procedures.
This would be an instance where the officer committed some sort of procedural
error. A good example might be calibrating the radar unit at the start and end of
the shift. Use the case law to back up your claim of inadequate procedures.
Motion to Dismiss due to insufficient evidence, specifically a missing officer.
This is when you have a case that involved two police officers. For instance, one
officer ran the radar gun while the other officer pursued the suspect and wrote
the citation. Both officers need to be present since one can not testify on the
behalf of the other officer. This motion would also apply if the single officer
involved is not present. You usually won’t have to make a motion if the primary
officer is missing. Typically, the prosecution will drop the case since he knows he
has no chance without the officer present.

The Defense Case
The defense strategy for a traffic ticket trial is basically a layered defense. This
layered defense hopes for one of the following to occur:
• Officer, or officers, involved in the case do not appear.
• Right to a speedy trial was denied.
• Various motions to dismiss after the prosecution rests their case.
Once the above strategies play out it is time to move to the defense presentation.
This is where you need to make some serious strategic decisions. First, let’s
review the process of introducing evidence, say for instance a diagram of the
scene.
First the clerk will mark the document with a court identification usually defense
exhibit “A”, “B”, etc. Next, the document will be shown to the prosecution so
they can have the opportunity to object to this particular item. Next, you will
need to identify the document as a diagram of the intersection of A and B streets.
You will then proceed to explain the relevance to your case. Finally, you will
need to move that defense Exhibit “A” be introduced as evidence. Just presenting the diagram or any other document does not automatically make that document evidence.
Now that you have introduced all your evidence you come to a critical crossroads in your defense. The issue at hand is do you testify or not. You need to
remember that you are under no obligation to testify. By not testifying you deny
the prosecution the right to cross examine you under oath. You also need to
consider what you will testify to. You can’t very well say you were doing 55 mph
in a 70 mph zone when you a fully aware that you were doing 62 mph. To testify
that you were doing 55 mph is perjury. Furthermore, you also can’t testify that
you were doing 62 mph and the citation says you were doing 67 mph. Regardless
of what the citation says, you just admitted your guilt and are now subject to a
fine.
A couple of situations where you may still want to consider testifying is when
you have a jury trial (if your state allows this) or you have a strong witness
against the officer’s testimony. A jury will be instructed that you do not have to
testify and that you can not have your lack of testimony held against you. Don’t
bet on it.—a jury will always want to hear your side of the story. If the prosecution gets too aggressive during the cross examination, the jury will begin to
sympathize with you. As for a strong witness against the officer, this is a case
where the two stories are totally opposite. Your hope is that your testimony

combined with your witness with show the truth and out weigh the prosecutions
case. A third option is to testify to a specific area only. For example, you might
want to add some testimony to the diagram you introduced as evidence. You will
need to inform the court that you intend to testify on the limited area of, and add
what specific item you will testify to. This limits the cross examination only to
what you want to discuss. Be careful not to allow your testimony to wander too
far off a main course or you will open the door for a more extensive cross examination. Remember, the cross examination is limited to areas that were discussed
in the direct examination. If you wander too far during your testimony, you
invite the prosecutor to follow up on all areas you mention.
After your evidence and testimony (if you elected to take the stand) you will be
ready to rest your case. Before you rest insure that all material introduced as
exhibits for the defense are introduced as evidence. This guarantees that they are
taken into account by the court. Once all items are introduced as evidence rest
your case.
The last procedure is the final argument. The prosecution will go first followed
by the defense. The prosecution gets a final word since they have to prove their
case beyond a reasonable doubt. Here are some points to remember for your
closing argument:
Only argue the facts as presented. You can not, nor can the prosecution, discuss
issues that were not introduced during the course of the trial.
Use a specific defense or possible two specific defenses. For example, the officer
failed to properly calibrate the radar unit or the prosecution didn’t establish all
the required points of the vehicle code in question. A specific approach works
much better than a shotgun style of defense. The shotgun approach has the look
of pick something, pick anything, just don’t find me guilty. Whereas the specific
defense issue forces the court to look at that issue much more closely and hopefully will see you were correct in your assessment.
In the same line of thought, focus on why the prosecution failed to prove their
case beyond a reasonable doubt. You need to call attention to their mistakes since
they have the burden of proof. Make a strong case since the prosecution gets a
final word after you finish.
Last, and most important, be brief. The longer you take, the less the judge or jury
will listen. This isn’t the trial of the year, it is only a traffic ticket. Simply state
your arguments, thank the court and wait for the verdict.

The Verdict - Celebrate, Pay Up or Appeal
Now comes the time to see how you fared in your travels down the legal highway. If the verdict is not guilty, congratulations are in order. If the verdict is
guilty, well, you win some and you lose some. Hopefully your fine will be limited to the amount you have already posted as bail.
During the sentencing phase, you need to come clean with the judge to the extent
that you might have some mitigating factors which would affect his sentence.
You are no longer in the trial phase so it is perfectly acceptable for you to tell the
judge that you were really only doing 62 mph not 70 mph. Try not to make your
mitigating circumstances so far out in left field that the judge decides you totally
wasted the courtâ&#x20AC;&#x2122;s time during the trial and assesses a higher fine than you have
already posted.
Finally comes the decision to appeal your guilty verdict. You need three things to
appeal your case. The first is an attorney. An appeal is way out of the league of a
self-represented client. This leads directly to the second thing you need for an
appeal, money. An attorney will not take your case without an up-front retainer
and you will still need to pay a fee at the end of the case regardless of the outcome of the appeal. The third thing you need for an appeal is a court transcript.
Before your trial begins make sure that a court reporter is present and ready to
take a transcript of the trial. If there is not a reporter present, ask the judge for
one before the case even starts. Most judges will honor this request. If they donâ&#x20AC;&#x2122;t
you already have grounds for an appeal.

PART TWO - Tools of the Trade
Chapter 7 - Radar
Radar, which is an acronym for “radio detection and ranging,” is the most frequently used method of speed detection by police departments across the country. Radar has actually been in use as a speed detection device since the late 1940s
and actually started out with traffic engineers prior to use by police departments.
Recent studies have shown that as much as 10 to 20% of all radar speeding tickets are issued falsely. This number increases to around 30% when the radar was
used in a moving police car. In this chapter, we will cover the basics of radar
operation, the fifteen major types of radar errors and typical cross examination
questions for the police officer during the trial. The final section of this chapter is
a list of the most common radar units in use with their beam width data.

Radar - How it Works
Without getting too scientific, this section will cover the basics of radar operation. Simply put, the principle of radar operation is based on the Doppler Shift.
The classic example of the Doppler shift is similar to the sound difference in a
train whistle as it gets closer to you. A radar unit sends out a pulse or continuous
microwave signal and listens for a reflection of the signal. When the pulse hits a
moving object, the frequency changes. A higher frequency indicates that the
object is getting closer while a lower frequency indicates that the object is moving away. The exact amount of change depends on the object’s size, speed and
direction of travel.
There are two basic types of radar in operation today. The first is a rotating
antenna system. This is the type of radar used by the military, airports, ships at
sea, etc. The other type of radar is commonly referred to as traffic radar—the
type most motorists should be concerned about. There are three main differences
in traffic radar that result in it being significantly less accurate than the rotating
antenna systems. First, the traffic radar antenna points in a single direction rather
than rotating. Second, the traffic radar does not transmit a modulating beam. These
two differences account for why a traffic radar unit can only determine the approximate speed of the target. Unlike rotating antenna radar, traffic radar can not determine which object is being tracked or even which direction the object is traveling.
The third difference in the two systems is the digital display for the traffic radar
versus the cathode ray screen display of the rotating antenna systems.

The traffic system operates in three specific band widths or frequency areas: X
Band (11 GHz), K Band (24 GHz) and Ka Band (32 - 36 GHz). The single direction
beam, which resembles a cone shape, radiates out from the radar unit increasing
in size and decreasing in strength. A typical traffic radar unit will have a beam
width of approximately two lanes of traffic at a distance of 100 feet from the unit.
The beam width increases to over four lanes of traffic at a distance of 1,500 feet.
In addition to the increasing beam size, the beam will detect everything in its
path and since the unit can not determine between targets, it is up to the operator
to determine which vehicle is actually being “painted” by the radar beam. In
reality, the unit can be reading a larger vehicle further away while the operator
believes the signal to be from a closer vehicle that is smaller in size. Since radar
reflectivity is based on size and shape, a semi will have a much larger radar
signature than a small sedan. For example, in a 1979 test by Car and Driver Magazine, a radar unit registered a semi at a distance of 7,600 feet while a small sedan
didn’t register until 1,200 feet.
Traffic radar can further be broken down into two specific types: stationary and
moving. People often presume that “instant on” is another type of radar but it is
really an “operating mode” than can be used with either stationary or moving
radar units. A stationary radar unit is the commonly seen hand held radar gun.
These units are used from traffic enforcement to measuring the speed of a baseball pitch. Moving radar units are much more complex systems and can be used
while stopped or moving. In a moving radar unit the beam has two functions.
First it measures the speed of the police car and then it measures the speed of the
target vehicle. The strongest reflection is presumed to be the local environment
(terrain, buildings, bridges, signs, the road, etc.) and is used to determine the
speed of the police car. It is important to remember that the police car’s speed is
not checked against the speedometer by the radar system. The second strongest
signal is presumed to be from the target vehicle. The unit then runs an internal
calculation which compares the two speeds and gives a resulting readout for
both the police car and the target vehicle.
One new aspect of moving radar systems is called a Phase Lock Loop (PLL)
which interprets the microwave shift. PLL systems are smaller, cost less and can
interpret the signal within a larger noise (interference) area. Unfortunately, PLL
units have an excessive range, some up to on and a half miles. PLL systems also
tend to lock onto the first good reflecting surface they find. PLL systems are also
very prone to “harmonic errors” which are covered under the next section.
As it stands, current radar systems are extremely accurate so long as the following conditions all exist at the same time:

1. The road must be straight and flat.
2. There must be good visibility.
3. There needs to be very light traffic.
4. The operator needs to be properly trained to recognize false signals.
In the real world of traffic enforcement, these four conditions rarely exist together. As a result, there are many types of errors that can result in routine traffic
radar operation.

Radar - How it Fails
In 1980, the National Bureau of Standards tested the six radar units most commonly
used by police departments. All produced false signals from CB or police radios.
All two piece units (stationary) produced panning errors when used inside or
outside of the police car. All moving units had shadowing errors where part of
the police cars speed was added to the target vehicle speed.
In 1983 and 1984 the International Association of Chiefs of Police tested twenty
four radar unit models from five different manufacturers. The results were worse
than the tests conducted by the NBS.
•
•
•
•
•

Despite all these errors, none of these units were banned from use. In fact, some
of these same units are likely still in operation around the country.
Although radar errors can often be a combination of factors, most can be attributed to one or more of the following fifteen types of errors:
1. Panning - This is when the hand element (gun) is swept across the control unit
on the dashboard.
2. Mechanical Interference - Police car air conditioner / heater fan, alternator,
ignition noise, rotating signs near the roadway, etc.

3. Shadowing - This error is common to all moving radar units since the unit
calculates the target speed by subtracting the police car speed from the closing
speed of the target. Anything that creates a low evaluation of the police car speed
results in an erroneously high target vehicle speed. For example, a police car is
traveling at 60 mph behind a semi traveling at 50 mph while approaching a
target vehicle traveling at 65 mph. The resulting target vehicle speed would be 75
mph since the unit adds the police car speed and target vehicle speed (125 mph)
then subtracts the closing speed of the police car to the semi (60 - 50 mph = 10
mph) and adds the difference to the target vehicleâ&#x20AC;&#x2122;s speed.
4. Batching - This is a moving radar error that occurs when a police car is accelerating or slowing down while the unit is still calculating the target vehicle speed.
5. Radio or Microwave Interference - Any outside source of electromagnetic
interference such as: airport radar; CB, Ham or police radio; cellular telephones;
power lines, power sub-stations and mercury vapor or neon lights.
6. Auto-Lock on Wrong Target - The National Highway Traffic Safety Administration recommends disabling auto-lock on units that still have this function and
new units are no longer produced with auto lock.
7. No Tracking History - This is the most commonly ignored recommendation in
radar training manuals and is impossible to avoid if operating in instant on
mode. The error occurs when multiple vehicles are in the radar beam path and
the operator has not observed the average speed reading nor checked for the
effect of external interference.
8. Harmonic Error from Phase Lock Loop - This is another common problem
with moving radar units. When the target vehicle is moving from a slow speed
while the police car is accelerating. This error typically occurs when the target
vehicle is traveling below 20 mph, such as pulling out of a parking lot or driveway.
9. Terrain Error - The radar reads in a straight line and can not read down a hill
or around a curve. In this case, the unit can actually be reading an entirely different vehicle than the officer is observing.
10. Look Past Error - In this error the radar unit locks onto a larger target that is
behind the actual vehicle being observed. This was the case in the Car and Driver
Magazine test previously mentioned.

11. Stationary Cosine Error - This error involves trigonometry and is usually to
the motorist’s advantage. If the radar unit is, for example, at a 15 degree angle to
the road, the target vehicle speed is multiplied by the cosine of 15 degrees. So a
vehicle traveling at 60 mph would have it’s speed multiplied by the cosine of 15
(60 mph x .966) and the resulting speed (57.9 mph) is displayed, without the
decimal point, as 57 mph. The radar unit does not round up or down for the
decimal, it simply ignores the value. As you can see, the stationary cosine error
saved the target vehicle 3 mph.
12. Moving Cosine Error - This case generally favors the police car rather than
target vehicle. With moving radar the unit registers the largest radar reflection as
the police car speed. If that reflection is from something other than the road
directly ahead of the police car, then the police car speed is reduced by the cosine
factor which corresponds to the angle between the reflected item and the police
car. So a police car traveling at 50 mph passes a parked car on the shoulder of the
road with a 20 degree angle at the time the officer locks on to a target vehicle
traveling at 60 mph. The apparent police car speed of 50 mph is modified by the
cosine of 20 degrees (50 x .939) and results in a reading for the police car of 46.9
mph or actually 46 mph. The extra 4 mph is then added to the target vehicle’s
speed for a reading of 64 mph.
13. Multiple Bounce - Overpasses are a common source of multiple bounce errors
which occur when the radar beam is reflected of multiple targets at the same
time.
14. Reflection Error - If a radar antenna component is hung on the outside of the
police car, the beam can actually be reflected off the side window or side mirror
of the police car causing a faulty reading.
15. Arm Swing Error - This is a result of the Wyatt Earp quick draw radar gun
method commonly used by motorcycle police officers on the side of the road.
The gun not only reads the target vehicle speed but also adds in the speed of the
officer’s arm due to the motion.
In addition to the errors listed above, there are ways that police officers can
actually cheat on radar readings. This is not a common practice but can be a
problem when police departments use a quota system for traffic tickets. Although quotas have been outlawed, some states such as Illinois and Missouri,
include statistics on an officer’s citation history as part of the officer’s performance evaluation process. These are some of the documented ways that officers
have generated false radar readings:

• Write multiple citation from one vehicle’s speed reading.
• Whistle into the CB microphone, the higher the pitch, the higher the speed.
• Aim the unit at the ground and swing arm rapidly in the air.
• Clock a low flying airplane.
• Set the car mounted unit to calibrate and the unit will read what ever the
police car speed is at the time.
Please keep in mind that these are extremely isolated cases. Nearly all of the
radar traffic ticket cases will nothing more in court than one or two of the main
fifteen errors. You need to have some extremely solid evidence before you try to
win your case based on some form of the officer cheating.

Typical Cross Examination Questions
In the Cross Examination section of Chapter Six it was pointed out that the key to
a successful cross examination is to focus on as many small details as possible.
This section will take the radar portion of a cross examination and break it down
into manageable pieces. Not all questions may be applicable to your particular
case. You should use these questions as a template for your own individual
situation and not as a script in the courtroom. You will also need to gauge the
judge’s tolerance of your line of questioning. As a self-defended individual,
rather than an attorney, you will typically not be granted as much latitude during the cross examination. Maintain a steady and logical pace and you should
keep the judge content.
The following line of questioning has been derived from the “Attorney’s Deposition Guide” which is available from the National Motorists Association.
Preliminary Questions: These questions are to establish the essential facts in the
case and create a friendly rapport with the officer.
1. What specific type of radar where you using when the citation was issued?
Do not accept an answer like “Doppler Radar” or “Moving Radar”
2. Would you relate the facts of the citation as you remember them?
Remember your grounds for objections concerning the officer reading directly from the
citation.
3. Was your audio Doppler engaged at the time the citation was issued?
If the officer claims he doesn’t know what audio Doppler is, remember this response when
you get to the Question Section on audio Doppler.

4. What speed was your audio alarm set on?
If the officer claims he doesn’t know what audio alarm is, remember this response when
you get to the Question Section on audio alarm.
5. Was your automatic speed lock engaged?
A crucial response. If yes, you have started building your case for operational error. If no,
don’t worry, there’s a lot more opportunities.
6. Were you using a manual on-off switch or other radar detector defeating
mechanism in conjunction with your radar unit?
7. Where you stationary or moving when your radar unit’s alarm went off?
8. Was the target vehicle coming towards you or moving away from you?
9. Did you see the target vehicle prior to the time your radar unit’s audio alarm
went off?
Another crucial answer. You have essentially asked the officer if he took a traffic history
before issuing the citation. If he indicates that he did see you, ask the next three questions.
If he did not see you, stop your preliminary questions here.
10. Where you able to determine the target vehicle’s speed from a visual observation?
11. What was the apparent speed of the target vehicle?
12. About how many seconds elapsed between the time you first observed the
target vehicle and the time your audio alarm went off?

Establish the officer’s qualifications: These questions are directed towards the
officer’s training on the operation of the radar unit. Keep in mind the national
standard of 24 hours of classroom time followed by 16 hours of field training.
1. How many years have you been a police officer?
This is just a set up for questions to follow.
2. How long have you operated radar units?
Again, a set up question.
3. Have you received formal instruction and training in the operation of radar?

If he says no, contain your smile with your best poker face!
4. Under what circumstances did you receive your training?
This will likely have a variety of responses. A home run for you would be training
received from his own department by another officer.
5. How many hours of classroom instruction did you receive?
A crucial response. No officer generally has 24 hours of classroom. Remember Kentucky v. Honeycutt is going to be used by the prosecution to justify the officer having less
than the 24 hours. If the officer has less than three or four hours he is likely not qualified.
This will become painfully obvious to the officer as you continue you line of questioning.
6. How long ago did you receive this training?
If it was several years ago it could indicate that he is not current in the proper operation
of the specific unit. It could also indicate that he was trained on a different unit than was
used for the citation.
7. How many officers took this training with you?
If it was an extremely large class, try to downgrade his level of training by asking additional questions such as: Was the training a lecture? Were you seated auditorium style?
Where were you seated? Did you have any other classes that day? Were questions
allowed? Did you ask any questions? If the officer can’t recall the particulars of his
radar training class, ask how he can remember the subject taught?
8. Who taught this classroom portion of the radar course?
If it was another officer, question that officer’s training credentials and ask for the
trainer’s certification. If it was the manufacturer, you have a potentially biased source of
training.
9. Since your initial training, have you had any additional radar course work?
He likely has not, if he has, find out the particulars just the same as you questioned for
the initial classroom training.
10. How many hours of one-on-one field training with a professional instructor
have you had in the operation of radar units?
If he rode along with another officer, again ask for that officer’s training credentials. If it
was a factory representative, it was likely for thirty minutes or less with multiple officers
in the car at the time. Keep pressing for an accurate answer.
11. Do you believe yourself to be a competent radar operator?
What else can he said except yes?

12. Do you hold a certification in the use of radar?
Not likely but doesn’t matter either way.
13. When was your initial training in the use of the (fill in the actual unit used)?
If he hasn’t received specific training in the actual unit, remember your need for a poker
face.
14. Did your training include the use of other radar units?
The goal is to subdivide his training and show that he has had little or no training in the
specific radar used in our case.

Establish the officer’s trust in the radar unit: This is a faith check for the officer.
He likely isn’t aware that you know some of the downfalls of the particular unit
involved in your case.
1. Do you believe the (fill in actual unit used) to be a good radar unit?
What do you think the answer will be?
2. Have you ever encountered any problems with the unit?
Not likely, but if so, get the specifics.
3. Are you permanently assigned to one specific radar unit?
Again, not likely since most departments move units around.
4. Do you believe that there are individual differences among radar units of the
same model? Will one unit have some idiosyncrasies that another might not
have?
Likely answer is they all work alike. If he has noticed differences, get the specifics.
5. Do you believe the (actual unit used) gives spurious or false readings?
This is a crucial question. If he says no, you can likely catch him with he manufacturer’s
documentation (remember your subpoena). He will likely reply that he has never seen
any false readings. If so, skip the next question.
6. About what percent of the time does your radar unit give these false readings?
Make a note of the percentage.
7. Do you believe that you can always tell when the unit is giving a false
reading?
He will likely say that he can always tell, which sets up your upcoming reasonable doubt
argument later in your presentation.

8. Is there a special number or symbol that appears on the readout to indicate a
false reading?
Of course there isn’t.
9. Does the unit give some visual indication that the reading is suspect?
No it doesn’t.
10. How, then, can you tell that the reading you are getting is false?
He will likely say that there is no target in sight or the target is clearly not speeding. If he
says that false readings only occur when there is no target present, then that is essentially
saying that the unit never gives false readings. If he says that he can always tell that the
target vehicle isn’t doing the speed indicated, finish this section with the remaining series
of questions.
11. Since there are no special indications of a false reading, does that mean that
all 82 mph readings aren’t false?
Of course not.
12. So the false reading could be 20 mph or 70 mph?
It certainly can be. If he says anything other than yes he is either trying to evade the
questions or technologically incompetent.
13. The radar could give a reading of say 70 mph, but you could clearly see, for
example, that the target vehicle was only going 30 mph?
He should agree with this question.
14. What if the speed limit is 55 mph, and the same 70 mph false reading shows
up. Is that possible?
He should say that this could happen. You should use the speed limit of your particular
case in all questions.
15. Presuming the car approaching you was going 55 mph, could you recognize
that the radar was malfunctioning?
If he says yes, press on with the remaining questions. If he says no then end this section
with this question.
16. If an approaching car is traveling at 55 mph and the radar gives a false reading of 56, could you recognize that?
Not on his best day.
17. If an approaching car is traveling at 55 mph and the radar gives a false read-

ing of 57, could you recognize that?
Keep going until he commits to a specific speed he could recognize or until it becomes
obvious that he actually can’t recognize the actual speed. If he commits to a speed
within the range of your citation, you have established reasonable doubt.

Audio Doppler, audio alarm and automatic speed lock: These are special features
that most radar units incorporate to make the officer’s job a little easier. Audio
Doppler is on every radar unit except the Speedgun Series. If audio Doppler is
used, it will aid the officer in confirming that the target vehicle is speeding. The
common problem is that the audio Doppler can be turned down or completely
off, thereby contributing zero to the unit’s reliability. The audio alarm is a preset
speed that the radar unit will sound the alarm to let the officer know he has a
fish on his line. The only way to dis-enable the alarm is to dial in a very high
setting such as 99 mph. The automatic speed lock is the worst feature of any
radar unit. Once the unit reads a specific speed the unit then locks that speed in
on the display. The officer then has no way of knowing if the reading is false or a
momentary reading. This section should establish the officer’s normal operating
methods.
1. Does your radar unit have an audio Doppler? That is, a continuous audio
signal tone that converts the radar unit’s Doppler shift into an audible tone?
This answer should be yes unless the radar unit is a Speedgun. If it is a Speedgun,
skip to question 13.
2. Does the audio Doppler have a volume control?
It does.
3. Do you ever use your audio Doppler?
If no, ask the question one more time and skip to question 13. If he says yes, press on.
4. About what percent of the time do you use the audio Doppler?
Make a note and subtract from 100% for question 10.
5. When you operate your radar unit with the audio Doppler on, do you operate
at full volume?
Unless he can’t hear at all, he should say no.
6. At what volume do you normally operate the audio Doppler?
This is important if it is a very low setting.
7. Do you ever turn it off?

Unless he answered question 4 with none, he will likely say yes.
8. Why do you turn it off?
It is extremely annoying, any other answer is a cover up.
9. Does the audio Doppler ever interfere with your use of the police radio or
conversation with other officers?
Of course it does.
10. So you operate your radar unit with the audio Doppler turned off about (fill
in the number from question 4) percent of the time.
11. During the remaining time, how often do you operate the radar unit with the
volume on soft?
Note this percent amount.
12. Do you consider the audio Doppler a valuable tool to prevent operator errors?
This is important if he replies “no” and it ends up that he didn’t use it during your
citation.
13. Is your radar unit equipped with a dial which will allow you to select a speed
above which an audio alarm will sound if a violation speed is detected?
All radar units have this feature.
14. Let’s refer to that feature as an audio alarm. Do you commonly use this feature of the radar unit?
He has to unless he sets it so high as to never work.
15. About what percent of the time do you use the audio alarm.
If he doesn’t say 100%, then ask him how he disengages the alarm.
16. If the speed limit is 55 mph, what speed do you normally dial in as the pre-set
violation speed?
Note the speed, but this answer isn’t crucial.
17. Do you find the audio alarm to be beneficial?
He will likely say that it is sometimes useful.
18. If a violation speed causes the alarm to sound, you only need to flip a switch
to lock in that speed on the radar unit?
That’s how the unit operates.

19. Does the radar unit also have a mode which will allow the unit to automatically lock in the violation speed?
It certainly does.
20. Do you ever use the automatic speed lock function?
If he says “no”, ask the question again and emphasize the word “ever” while giving the
officer a skeptical look. If he still says no, end this question section here. If he says yes,
press on.
21. About what percent of the time do you use the automatic speed lock function?
Note the amount.
22. Do you find the automatic speed lock convenient?
Of course it is.
23. Do you use the automatic speed lock for any other reasons?
This should be interesting.
24. Was the use of the automatic speed lock included in your training?
This answer doesn’t really matter.

Determining if the officer uses a visual backup: The typical officer has a standard
pattern of testimony. This pattern normally indicates that the officer observed the
defendant’s vehicle doing approximately X mph and he then used the radar unit
as a backup to his visual estimation of the speed. This is pure fantasy since the
maximum distance a highly trained officer can make a visual identification from
is approximately 500 feet. The radar unit can make the same identification for up
to 5,000 feet. As a result, the audio alarm will sound before the office can make
the visual identification. This section is designed to verify this fact and try to get
the officer to make a statement that will come back to haunt him later in your
presentation.
1. Are you familiar with the term “traffic history?” I want to verify that this term
refers to the continuous observation of the traffic by an officer.
2. With regard to speeding tickets, it is normal for an officer to observe the traffic
patterns for several seconds - usually three to five - before he sees what he believes to be a speeding violation. In other words, three to five seconds before the
radar unit sounds the audio alarm. Do you agree with this assessment?

He will have to in order to keep up the fantasy of the radar for backup.
3. With this definition in mind, have you EVER taken a traffic history prior to
issuing a speeding citation?
He should say yes. If he says no, refer to the answer to question 5.
4. What percentage of the time would you say that you take a traffic history?
This number will likely be very high.
5. Do you feel that it is important to take a traffic history in speeding cases?
He will likely say yes. If he says no, then you have a valid argument that he was relying
solely on the radar unit.
6. At what approximate distance can you determine the exact speed of a target
vehicle?
Most officers will say about 500 feet. If he doesn’t give you a real answer, set up a specific
scenario, such as, in the median of a level and straight, uncrowded highway. If he still
doesn’t answer, suggest the 500 foot figure. If he doesn’t accept 500 feet, adjust the
number until he agrees to a specific distance.
7. When you take a traffic history and make the visual estimate of speed, do you
do so before the radar unit sounds the audio alarm?
This is a very crucial question. If he says yes, he’s had it since the radar unit has a range
of at least 1000 feet. Proceed with questions 8 and 9.
If he says no, then he hasn’t taken a traffic history. Finish all the rest of the questions in
this section.
8. What is the approximate range of your radar unit?
He will likely say he doesn’t know. Toss him a high figure in the range of 3,000 to 5,000
feet. If he still doesn’t know, ask if he would be surprised to know that the radar unit has
a range of at least 3,000 feet. If he says yes he would be surprised, you just caught him in
a crucial technical question.
9. Despite knowing this range you still contend that the radar unit does not
sound the audio alarm before you are able to identify the speed of a vehicle?
The real escape for him is the answer “no.” He won’t say that, he will most likely say
sometimes it does and sometimes it doesn’t.
10. If the radar unit sounds the audio alarm before you have determined that the
target vehicle is speeding, how can you say that you have taken a traffic history?
He will have to say that the alarm alerts him to the presence of a potential speeder.

11. Do you look at the radar unit to see what the reading is?
He will likely say that he looks. If he denies looking he has to admit that he knows the
vehicle is going at least as fast as the audio alarm setting.
12. Does the fact that the audio alarm has sounded influence your judgment as
you make your visual estimate of speed? In other words, are you more likely to
agree that a target vehicle is traveling a certain speed since the audio alarm has
already acknowledged this fact?
He should agree. If he doesn’t, ask him why he doesn’t just run the audio alarm setting
up so high that it will never go off.

Determining knowledge of beam width and range: Remember that Kentucky v
Honeycutt will be used to show that the officer does not need to be an expert in
the field of radar. You a trying to demonstrate to the court that the officer lacks
certain basic knowledge that he should have.
1. Do you know what the normal range of your radar unit is?
Get him to give you a figure of so sort. Then give the manufacturer’s
it. If not it will likely be at least 3,000 feet.

data if you have

2. At a distance of 1,000 feet, how wide is the radar beam?
Again, try to pin him don to a figure of some kind. Figure a traffic lane to be 12 feet. In
reality, a 12 degree beam with measure 287 feet at a distance of 1,000 feet while a 24
degree beam will measure 574 feet.
3. How far away from the unit will the beam travel before it covers one lane?
Again, get a figure. The true amount is about 50 feet but most officer’s will guess
around 500 feet.
4. With what degree of confidence can you aim your antenna at a specific lane of
traffic at a distance of 500 feet.
The answer is no confidence at all.
5. In the stationary mode, you can operate to record traffic going away from you
or coming towards you, is that correct?
This is correct.
6. Can the radar unit distinguish between traffic directions?
It will pick up traffic in either direction.

7. In the moving mode, can the radar unit pick up traffic in both directions?
The Speedgun 8 unit can, most all others can only pick up traffic
coming towards the radar unit.
8. What types of things will stop the radar beam? For example, will the radar
read through bushes and tall grass?
Radar can pass through light brush.
9. Can you get the speed of a vehicle around a curve or over a hill.
Not even possible. Remember, the beam travels straight line.
10. Will the beam bounce off a metal building or sign?
Certainly.
11. If the beam bounces of something could it pick up the speed of another vehicle at an angle to the radar unit.
Absolutely.
12. Can a high-voltage power line interfere with the radar beam?
Again, absolutely.
13. What about neon signs or street lights, can they cause interference?
Notice a pattern here?

Final questions: These are designed to apply the specifics of your case against the
answers the officer gave for the typical operation of the unit.
1. Could you again recall the facts of this particular citation?
2. Was your audio Doppler on at the time and if so how loud?
3. What speed was the audio alarm set for? Did you make any adjustments to it
during your shift?
4. Was the radar unitâ&#x20AC;&#x2122;s automatic speed lock engaged?
5. Were you using a manual on-off switch?
6. Were you in a stationary or moving mode at the time?

7. Was the defendant approaching you or traveling away from you?
8. Did you see any other traffic around the defendant’s vehicle? If so, what types
and where were they located?
9. Was there any traffic moving in the same direction as you?
10. Did you see the defendant before your audio alarm sounded?
11. Did you determine an estimated speed of the defendant’s vehicle based on
your visual identification? If so what was your point of reference.
12. How many seconds passed between the time you first saw the defendant and
the time your audio alarm sounded?
13. Where there any power lines in the area? Any cars or trucks with CB radio
antennas? Where you using your police radio at the time? Was your police car’s
engine running at the time?
14. As for the calibration of the radar unit, at what times before and after you
wrote the defendant’s citation did you use the radar unit’s internal calibration
function?
15. At what times before and after you wrote the defendant’s citation did you use
an external tuning fork for calibration?
16. In your opinion, what is the difference between the internal calibration and
the tuning fork calibration methods?
17. Do you feel that one calibration method is more accurate than the other?
Questions 14 through 17 are critical to establish the calibration procedure followed by the officer. Remember that case law has shown that the officer should
calibrate, with tuning forks, prior to and immediately after writing a citation.

Chapter 8
Laser (LIDAR)
Laser speed detection serves the same purpose as Radar; however, the two systems are totally different beyond their common goal. Laser uses a light beam and
takes the measurements based on the speed of light. On the other hand, radar
uses a radio beam and measures at the speed of sound, which is substantially
less than the speed of light. While radar has a wave length of anywhere from
inches to hundreds of feet, laser has a wave length of only 30 millionths of an
inch. A typical radar beam is 18 degrees (X - Band) to 15 degrees (K - Band) wide.
Comparatively, laser has a beam that is one sixth of a degree. The results are
drastic as the beam radiates out from the laser gun. While radar can expand to
over 500 feet wide at a distance of one mile, the laser beam will only expand to
19 feet wide. At a more realistic distance of 1000 feet, the radar expands to over
100' wide while the laser system only expands to 3 feet wide.
Although laser sounds like the insurmountable speed detection system, it is not
infallible. In fact, Lidar is significantly affected by weather conditions. Fog and
clouds will severely reduce the effective measuring distance of the laser beam.
For example, the laser system can only be used from a stationary set up rather
than moving like some radar systems. Furthermore, laser can not be used
through a windshield and the operator must have additional training that is
typically not required for radar systems. Laser also has a problem getting an
accurate reading when used at a severe angle to the target vehicle such as from
an overpass or the far shoulder of the road. In addition, maintenance and calibration can only be performed by a factory authorized repair facility. As you can see,
laser may be tougher to beat than radar, but it can be accomplished.
The primary target for the laser beam is the vehicleâ&#x20AC;&#x2122;s license plate. The light
beam relies on a reflective surface for the successful return signal. This is why
dark low slung vehicles with minimal or no chrome are so hard for laser to
detect. The front license plate should be removed and the rear plate should be
painted with a high gloss clear coat to help defeat the laser beam. One other
option is to use a laser defeating license plate cover such as the Laser Plate by
Jammers, Inc. (800-451-4477).

Prior to each use, the laser gun should be locally calibrated by using all three of
the following methods:
• The self test button should be used and the reading should be 8.8.8.8.
• A measurement of a non-moving target should result in a reading of 0 MPH.
• The sight and audio tone should be tested by panning across a telephone
pole. As the sight aligns with the pole, the audio tone should change indicating a positive contact between the beam and the pole itself.
Essentially, the LTI 20.20 Marksman is the only laser gun being used in the USA.
The manufacturer claims a beam width of two feet at a distance of 1300 feet. The
speed measurement time is one third of a second and the unit is equipped with
an audio seek aid for positive target confirmation. The accuracy is alleged to be
precise within 1 mph up to 60 mph and within 3% for speeds over 60 mph.
Despite this impressive list of performance criteria, the Marksman has some
notable downfalls.
For example, tests indicate that the Marksman lacks uniformity and has an
unusual distribution of the beam intensity therefore resulting in a deviation from
the aiming point. The especially high level of intensity along the right edge
creates a deviation in the horizontal direction. What all this technology translates
to, is the Marksman can actually detect a vehicle as close as five feet away from
the actual target vehicle.
On June 13, 1996, New Jersey Superior Court Judge Reginald Stanton stated that
he was not convinced of the accuracy of the LTI 20.20 Marksman. As such, he
ruled that any readings taken with the LTI 20.20 would not be accepted as evidence in any pending or future speeding ticket cases.
For a defense strategy you need to be aware of laser’s status in the jurisdiction
where your citation was issued. Only a few states have given laser “judicial
notice” which is a legal ruling that establishes specific evidence as beyond dispute. Radar has “judicial notice” in every state.
If no judicial notice has been awarded, then the prosecutor will need to have an
expert witness testify to the accuracy and reliability of the laser unit. If this expert witness ends up as a manufacturer’s representative, you can make a motion
to disqualify the witness since he (and his company) clearly has a financial interest in the outcome of the case and therefore, the witness is not impartial.

If judicial notice has been awarded, you certainly want to utilize the New Jersey
ruling in your case preparation. The remaining preparation is very similar to a
radar case. You need to focus the courtâ&#x20AC;&#x2122;s attention on the officerâ&#x20AC;&#x2122;s training, the
unit calibration and self-test methods, weather conditions during the time of the
citation and the proximity of surrounding traffic. As with any case, your best
strategy is hoping for the officer not to appear in court followed by careful
preparation in case he does appear.

Chapter 9 - Photo Radar

Photo Radar is simply a camera and computer controller attached to a standard
radar speed gun. The computer controller is programmed to trigger the camera
when the radar unit detects a certain speed. The photos are typically taken of the
front and rear views of the vehicle. These two views provide both the license
plate and the driver in the photos for identification purposes. The citation is then
processed and mailed to the registered owner of the vehicle in the pictures. Nice
and neat, it is also nice and very defendable for the driver.
Unless the ticket was sent with a return receipt and signature required, there is
absolutely no proof that the ticket was actually delivered to you. The photo radar
system relies on people simply sending in their fine with no questions asked.
One other major defense is the 6th Amendment. Under it, you are guaranteed the
right to due process and that includes facing your accuser. Obviously, you can
not face your accuser in a photo radar ticket since the machine is the accuser. You
should also be aware that the State of Arizona recently ruled that a defendant can
not be forced to identify themselves in a photo radar picture since it would
violate their constitutional right against self-incrimination.
Photo radar units are usually cash machines for the cities that utilize them. One
important fact in this equation is the cities rarely own the equipment. The costs
associated with a complete photo radar system prohibit local cities from purchasing their own systems. Luckily, most systems are owned by private companies
and leased to a city. This introduces an additional layer of administration and
also potential witnesses in a possible court case.
There are two simple ways to defeat a photo radar unit and render the photos
useless against you. The easiest is to remove your front license plate. Even in a
state where these plates are required, the violation for no front plate would be a
simple repair ticket.

Another solution is PhotoBlock Licence Plate Covers. They were invented and
designed by a photographer who was fed-up with the loss of privacy resulting
from his automobile being photographed without authorization. According to
their web site (www.photoblock.com) â&#x20AC;&#x153;the product consists of a high quality
clear molded plate cover combined with a thin lens developed specifically to
neutralize Photo Radar. Attaching the licence plate cover to a motor vehicle
allows the driver the freedom of openly displaying their licence plate while
discouraging the unauthorized photographic reproduction of same.â&#x20AC;?

Chapter 10 - VASCAR / Airplane / Visual Estimate

VASCAR is an acronym for Visual Average Speed Computer & Recorder. Basically, this system is simply a computing device that reports a vehicle’s speed
based on the time it takes to travel a specific distance (Distance / Time = Speed).
The VASCAR system is linked to the patrol car’s speedometer.
This system can be used in a stationary mode (on the side of the road) or in a
moving mode (traveling down the highway). One of the more devious applications of VASCAR is an officer passing you on the highway. As he passes, he starts
the VASCAR computer. He continues down the highway at a much higher speed
than you are traveling and you are typically lured into a false sense of security
since the officer has already passed you. About three or four miles down the
highway you find the officer waiting for you. He has all he needs to write the
citation since he knows the distance he has traveled and the time it took you to
cover the same distance. It should be noted that VASCAR is considered a speed
trap in California and Washington and as such, VASCAR is illegal in these states.
VASCAR has several problems which generally have lead to police departments
abandoning this method of speed detection. The biggest problem is a visual
distortion which is created depending on the officer’s angle between his observation point and the subject vehicle. For example, if the officer is at an extreme
angle, his timing will be thrown off. VASCAR requires that the exact same reference point on the subject vehicle be used to start and stop the timer. This is
usually the front bumper and if the officer is at too sharp of an angle, he can not
accurately see the exact point that the bumper crosses the VASCAR points. Ideally, the officer should be centered between the VASCAR start and stop points.
He also needs to be back far enough to create a nearly perpendicular view of the
timing area.
In a 1991 Department of Transportation study (DOT HS 807-748), they evaluated
the VASCAR system and determined that the timing speeds should be at least 4
seconds in the stationary mode and five seconds in the moving mode. These
required times lead to the following minimum observation distances at specific
speeds:

Airplane
Airplane speed detection is very similar to VASCAR in that and officer will time
a certain vehicle as it covers a certain distance. The air officer then radios a
ground unit who makes the stop and writes the citation. Marks on the ground
are illegal in California since they are considered a speed trap. Most other states
do not have any form of permanent setup for airplane speed detection since the
associated costs are so high.
Airplane speed detection has a few problems that can work to your advantage in
court. The first problem is that the aerial officer often uses the aircraft to pace the
vehicle on the ground and uses the airplane’s speed as the ground vehicle’s
speed. It is imperative that you explain to the court that aircraft speeds are measured in air speed which measures the aircraft’s speed in relation to the surrounding air. If the plane is traveling into a head wind, the speed is slower than
if the aircraft were producing the same amount of power in a tail wind.
The second problem is difficulty in positive identification of the specific vehicle
spotted. A red convertible Porsche is easily identified (in most locations), however, a gray Ford Taurus might be one of two or three of the same style and color
of vehicle within a two or three mile stretch of highway. As you can see, this is
the basis for a sound defense in court.

The third, and definitely most advantageous problem, is the system relies on two
officers. As a result, both officer’s need to be present in court for a conviction.
Since it is hard enough to get one officer into court at a specific time, the odds of
both officers being in court together drop significantly. If you are faced with both
officers present at your trial, request that one leave the court chamber while the
other is testifying. This will help in your efforts to get the officers to contradict
each other and thereby introduce the element of reasonable doubt.

Visual Estimate
Visual Estimating is a technical term for guessing. In this method the officer is
relying on his authority as an officer. He will testify that he determined your
speed through observation and based on his experience. This type of citation is
extremely rare since the officer knows that he has minimal odds in court if you
actually challenge his speed estimating abilities. To counter the officer’s alleged
ability, take any object and hold it straight out at arms length from your shoulder.
Ask the officer to tell you how fast the object was traveling. If you want to be real
nasty use a light object and a heavy object. If he gives different speeds, point out
that all objects fall at the rate of 32 feet per second squared, regardless of their
weight. Be sure to have the appropriate data on your note pad (based on your
height) from the following table:
Distance Speed
3.5 Feet 10.2 MPH
4.0 Feet 10.9 MPH
4.5 Feet 11.6 MPH
5.0 Feet 12.2 MPH
5.5 Feet 12.8 MPH
6.0 Feet 13.4 MPH
Let’s say that you received a citation for 65 MPH in a 55 MPH zone. You drop an
object from a height of 5.0 feet and the officer estimates 15 MPH. From the chart
you can see that he was off by 2.8 MPH. You should also precalculate the ratio
between your citation speed and the speed that your object will drop based on
your height. In this case: 65 MPH / 12.2 MPH = 5.3 ratio factor. After the officer
guesses his speed, you need to determine the amount of his error (2.8 MPH in
this example) and multiply this amount by the ratio factor.

As you can see, the officer could have been off by as much as 14.9 MPH in this
example (2.8 MPH x 5.3 ratio factor). At this point the officer should be suitable
defeated and the judge should be awaiting your motion to dismiss.

Chapter 11 - Motor Pacing
Motor pacing is simply the police officer following your vehicle and maintaining
a constant distance to determine your speed with his speedometer. Motor pacing
can also occur if the officer is in front of you as well. In this instance, the calibration of the patrol car is crucial. Most defense strategies used in other types of
speeding tickets can not be used for the motor paced ticket since the officer
doesn’t have to be trained in reading a speedometer and the officer didn’t likely
follow the wrong vehicle.
The basic defense strategies will be to hope the officer doesn’t appear, followed
by the prosecution failing to prove all points in the specific section of the vehicle
code. At this point you should review the Cross Examination section of Chapter
6 as well as the list of questions for the radar ticket cross examination in Chapter
7. Even though most of the radar questions are not relevant, they will get your
train of thought along the right lines as you prepare your line of questions for the
motor pacing case.
Some of the key issues to remember for your cross examination are:
1. The officer reading directly from the citation. Make him remember the facts.
2. Be sure that the officer testifies that the speedometer was calibrated on a specific date and that the calibration certification is present in the court. In addition,
the qualifications of the calibrating technician should be available.
3. Again, insure that you follow the officer’s testimony carefully as well as the
prosecutor’s line of questioning. If they omit any of the points required by the
vehicle code, such as identifying the road or driver, you have grounds for a
motion to dismiss. Don’t hold your breathe that this will succeed but you still
have valid grounds even though the judge will likely allow the prosecution to
re-open their case.
4. Do an in depth series of questions concerning the other traffic on the road. You
are trying to establish whether he passed any other vehicles while he was pacing
you. If he did not and there was other traffic on the road at the time, this would
indicate that you were traveling at the same speed as the traffic around you.

5. Try to get in depth details as to the exact distances covered from the time the
officer began the pace until the vehicles stopped. You also want to establish how
far the officer was from your car at all times. Check the math and see if the officer
actually had to speed up to close the distance between your vehicle before he
pulled you over. He could have actually read a speed that was faster than you
were going if he was trying to close the gap between vehicles.
These are your only real chances for a motor paced ticket. If you are found guilty
you will want to make a brief statement before the court passes sentencing,
review Verdict section of Chapter 6 for additional information.

PART THREE - Odds & Ends
Chapter 12 - Other Types of Tickets
Parking Tickets
This was the easiest section of the User Guide to write. PAY THE TICKET! The
only time you should ever consider fighting parking tickets is when you have an
excessive number of them and are facing some serious fines. Otherwise, the
easiest thing to do is mail in your check and be a little more careful next time you
park somewhere. You might also consider yourself lucky that you vehicle wasnâ&#x20AC;&#x2122;t
towed.

Repair or Fix-It Ticket
This was the easiest section of the User Guide to write - FIX THE PROBLEM!
Most courts will either dismiss the fine or at least reduce the fine by half if you
bring in proof that you have corrected the problem. Remember that one of the
easiest ways to avoid a ticket is to blend in with the crowd. A vehicle spewing
exhaust fumes from a bad muffler or winking with one brake light is not blending in with the crowd. Keep you vehicle in good repair. It will pay off in more
ways than one.

U - Turns
This situation requires careful research prior to arriving in court. Just the same as
your speeding ticket, you need to research the particular section of the vehicle
code and derive all the specific aspects that must be proved against you. Again,
the burden of proof is on the officer or the prosecution. A typical U - Turn vehicle
code will specify the conditions where a U-Turn is illegal. This will most likely be in
a residential area and within so many feet of an intersection. A check with the local
zoning office will verify what type of district you were actually in at the time. Return
to the scene and measure off your distance and relate it back to landmarks on the
side of the road. As with all citations, your best hope is a no-show officer. After
that, your best defense is to inundate the prosecution with the smallest of facts
until the officer slips up and contradicts his earlier testimony.

Red Lights
These types of citations are difficult to win since it is your word solely against
the officer’s word as to your vehicle’s position at the time the light actually
turned red. The essential element which will need to be proved is that no part of
your vehicle was in the intersection before the light turned red. Ideally, you
need to focus on the officer’s position in relation to your vehicle at the time of
the citation. The best location for the officer in this type of case, as far as you are
concerned, is behind you or at least parallel to you. This is the worst place for
him to make an accurate assessment of where your vehicle is at the time the
light changes. If the officer was approaching from a right angle to your vehicle,
you might be able to argue that the officer couldn’t see your vehicle and the
traffic light at the same time. The only other contributing factor might be the
surrounding elements which could obstruct a clear view of the intersection.
These elements might be trees, hedges, fences, buildings, pedestrians, etc. Photos could be helpful to prove your theory of blocked visibility from the officer’s
perspective.

Stop Signs
Stop sign defenses are very similar to red light case except that you are allowed
to continue through the intersection after your stop. The majority of stop sign
tickets are issued for what is referred to as a “California Stop.” This is where
you essentially slow down quite a bit but just enough to slide through the intersection. Officers typically look for your vehicle’s front end to slightly rise which
indicates a full and complete stop. Again, the best place for the officer, from the
defense standpoint, is behind your vehicle. Any position perpendicular to your
vehicle is essential impossible to win since the officer has a view of your complete vehicle.

Chapter 13 - Does speed kill?
You often hear the expression “Speed Kills” when people or government agencies are discussing highway safety. In a manner of speaking this is true. At least
one vehicle involved in a traffic accident needs to be moving in order to cause a
fatal accident; therefore, speed does kill, however, there has never been a documented case of a fatal accident from two vehicles at rest. The real question is
how much speed actually kills and is speed the real culprit at all?

A recent study by the Federal Highway Administration revealed some surprising
statistics that werenâ&#x20AC;&#x2122;t generally publicized. The study revealed that the slowest
5% of all drivers had the highest accident rates. In addition, the study also
showed that the drivers who had speeds at 10 - 15 mph above the speed limit
were the safest group of drivers with the lowest accident rate. The sole reason is
that slower drivers are less attentive than faster drivers. Faster drivers realize
that they are traveling faster than the speed limit legally allows and therefore
they are significantly more attentive as they watch for any sign of a potential
police car ready to present them with a speeding ticket. Furthermore, the same
study also found that 70% of all drivers exceed the speed limit and that most
current speed limits are set at least 10 mph slower than they should be. It should
be noted that this study was before the change in the national 55 mph speed limit
but more on the national speed limit later.
It is generally considered that the average speed of traffic, or the flow of traffic, is
the speed that the majority of drivers consider to be prudent and safe for the
existing conditions, regardless of the speed limit. This is the basis for what is
referred to as the 85th Percentile Rule. This is a system that has been used by
traffic engineers for over fifty years. Simply stated, the 85th Percentile Rule
means that the safest speed for any particular road is the speed that 85% of all
drivers travel at or below, under normal conditions. Remember that the Federal
Highway Administration tests showed that 70% of the drivers were exceeding
the posted speed limit by 10 mph. These drivers are the flow of traffic and are the
majority of the drivers who make up the statistic for the 85th Percentile Rule.
The National Speed Limit was established at 55 mph in 1974 as an answer to the
oil shortage. The theory was that slower speeds used less fuel and as a result,
conserved energy. A noble theory at the time but why did it take over twentyyears to change this speed limit when the oil shortage ended only a few years
after the 55 mph limit was established? The answer is due to the money train that
was created for city and state governments as well as the insurance companies.
Lower speed limits are a golden egg for some small municipalities.
In some rural areas, traffic ticket fines make up 90% of a small town
governmentâ&#x20AC;&#x2122;s operating budget for the entire year.
During the later period of the 55 mph speed limit, the majority of drivers on
major highways usually traveled between 65 - 75 mph. As you can see the bottom end of this is the magic 10 mph that the Federal Highway Administration
test referred to. In fact, the percentage of drivers traveling 70-75 mph would
suggest that the 55 mph limit is really more like 15 mph lower than it should be.
The original speeds on most of the major highways started at 70 - 75 mph before

the national speed limit went into effect. These speeds were set years prior by
traffic engineers who used the 85th percentile rule to determine what the speed
should be for these particular roads.
Now that these speeds have been increased to 65 - 70 mph, you will still find the
majority of drivers traveling at the 65 - 75 mph speed. The speed limit increased
but the driver’s speeds did not. The reason goes back to the principle of the 85th
percentile rule. Most drivers feel that the safe speed is contingent on several
factors, including:
•
•
•
•
•

Common sense is what the majority of the drivers use. The same drive who will
do 75 mph down the interstate highway on a clear and dry day, is likely the same
driver who will do 55 mph on a rainy night.
The final verdict is that speed doesn’t kill. Speed generates revenue. A real example of this is the unmarked police car. If speed is so dangerous, why are there
any unmarked police cars? We all know that everyone slows down when they
see a police car. Wouldn’t it make sense to have all police cars marked so that
more drivers would see them and as a result, slow down? The unmarked police
car is proof positive the governmental agencies are aware that the speed limits
are too low and people are going to exceed them. The way to capitalize on these
people is the unmarked car whose sole purpose is to essentially entrap drivers
who are part of the 85th percentile rule. The governmental agencies aren’t the
only group responsible. In the next chapter we’ll see how your auto insurance
company is one of the biggest behind the scene’s supporter of the lower speed
limits to keep revenues up.

Chapter 14 - Why Insurance Companies Love Speed
In the past, insurance companies assisted in highway safety through the sponsorship of driver training programs by conducting public information campaigns
and providing grants for highway safety research. Those days are behind us
now. These noble ides have been abandoned in favor of the tax exempt lobby
group. The principal group of all the major insurance companies is the Insurance
Institute for Highway Safety (IIHS). Quite an honorable sounding name for a
well funded machine with three primary goals:
• Promote unrealistically low speed limits.
• Endorse and fund covert methods of speed detection.
• Expansion of auto manufacturing regulations.
Surprising as it may seem, speeding tickets are not about highway safety. Speeding tickets are about big income for local and state governments as well as the
insurance companies. In the introduction we discussed how the major cities in
the United States generate millions of dollars a year in speeding ticket fines.
Some smaller, more rural towns can generate most of their annual operating
budget from speeding ticket revenues.
The insurance companies are right behind them all the way as they wave the flag
of highway safety while collecting an average of a 15% policy increase for three
years. The insurance companies and local governments are all aware of the
studies by the Federal Highway Administration that revealed the slowest 5% of
all drivers on the highway accounted for the largest percentage of accidents. The
same study showed that the motorist with the lowest accident rates are those
who typically travel at speeds anywhere from 10 to 15 mph over the posted
speed limit.
IIHS is completely aware of the 85th Percentile Rule and hopes that a very small
group of the public is also aware of this rule. Simply stated, this rule shows that
the safest speed for any road is the speed that 85% of the drivers would travel,
under good conditions, if there were no posted speed limit. A quick proof of the
85th Percentile’s accuracy is on the federal highways now that the speed limit
has increase from 55 mph to 70 mph. During the days of 55 mph, drivers usually
averaged between 65 and 75 mph. Now that the speed limit has been raised, the
majority of the drivers still do not exceed 75 mph.

The reason isn’t because they only want to travel at X miles per hour over the
speed limit. These drivers realize that this speed is realistic and a speed at which
they are comfortable driving.
IIHS has continuously pushed to outlaw radar detectors, and even convinced
GEICO Insurance not to insure drivers with radar detectors. Their arguments
against radar detectors were:
• Radar detectors increase accident rates and cause people to drive faster than
they would without the detector.
• Insurance companies don’t get an accurate portrayal of driver’s performance
since the radar detectors allow them to avoid speeding tickets.
• Since radar detector owners are the fastest drivers, the insurance companies
shouldn’t have to provide them with insurance.
The Insurance Commissions of both California and Maryland told GEICO and
IIHS that these arguments were totally unfounded. They also pointed out that
their own studies showed no correlation between radar detector use and increased accidents.
One new tactic among insurance companies is to make a major marketing production out of the local agent presenting the local law enforcement agency with a
radar gun in the name of highway safety. Let’s apply a little business economics
to this scenario:
1. The radar gun is purchased for $2,500.00 by XYZ Insurance.
2. This radar gun will be used to write an average of 80 tickets per month (this is
a very low figure, some officers write over 150 tickets a month).
3. The average XYZ auto policy costs a driver $750.00 per year.
4. XYZ insures 5% of the drivers in this state and figures that 1/3 of the tickets
will be written to out of state drivers.
5. XYZ will increase a driver’s premium by 15% for a speeding ticket.
80 tickets times 2/3 (for in state drivers) = 54 tickets per month
5% of these drivers are XYZ customers = 54 x .05 = 3 drivers per month
XYZ will charge these 3 drivers an extra $112.50 per year = $337.50
Over the next twelve months XYZ will gain 12 x $337.50 = $4,050.00

Wasn’t it generous of XYZ to spend $2,500.00 for the radar gun donation? Remember, the increase premiums last for 3 years! You can quickly see that XYZ
wasn’t quite so noble.
One other big issue with IIHS is covert speed detection through the use of unmarked police cars. If the insurance companies were so concerned with driver
safety, wouldn’t they rather see all marked cars on the highway? What do you do
when you are traveling along at 75 mph on a 65 mph highway and see a state
trooper about to come down the on ramp? You slow down, that seems to support
IIHS’s notion of highway safety much more than an unmarked car hiding in the
bushes and waiting to write a ticket. As you can see, the insurance industry
might talk a big line for highway safety, but the proof is in the profits.

Appendix A - Public Records Request Form
Public Records Request
In accordance with State Statute / Code ___________________, I am requesting access to ______
copy copies of the following records:
1. Officer ____________________’s training records that pertain to his / her instruction / certification and continuing education of traffic speed enforcement and to the use of the speed detection
device that was used to ascertain the speed of the vehicle described in citation # _____________.
2. Officer ____________________’s daily log for the day of ___________.
3. Officer ____________________’s radar log for the day of ___________.
4. The name, model and serial number of the speed measuring device used to ascertain the speed
of the vehicle described in citation #____________ and the serial numbers of the tuning forks
used to test the speed measuring device.
5. Copies of maintenance and /or certification records, for the last twelve months, of the speed
measuring device that was used to ascertain the speed of the vehicle described in citation #
_______________.
6. A copy of the FCC (Federal Communications Commission) license that authorized the issuing
police agency and operator of the speed measuring device to lawfully operate the device on a
specific frequency and / or range of frequencies.
7. A copy of both sides of the officer’s copy of citation # _______________.
8. Other record(s) needed:
________________________________________________________
________________________________________________________
________________________________________________________
The records that I am requesting DO / DO NOT need to be certified or their authenticity
verified. If there is an additional charge for this, I understand that I must pay for that charge.
____ I am requesting that the requested records be mailed to me at the following address:
________________________________________________________
________________________________________________________
________________________________________________________
____ I will pick up the records upon notification that they are available.
Signed __________________________________
Date

__________________________________

Appendix B - Notable Case Law for Radar Tickets
Listed below are ten significant case law examples which pertain to the use of
radar in speed enforcement by police departments. The first two cases deal
primarily with the reliability and accuracy of radar. The next six cases all deal
with the various aspects of police officer training and field testing of the radar
units. The last two cases specifically address the K-55 model radar gun by M.P.H.
Industries, Inc. of Chanute, Kansas.
State of Florida v. Aquilera (1979)
This famous case is known widely as the Miami Radar Trial. After a local television reporter showed a house clocked at 28 mph and a palm tree clocked at 86
mph, the story broke nation wide and radar was quickly shown to be less than
accurate. In this particular case the Dade County Court sustained a Motion to
Suppress the results of radar units in 80 speeding ticket cases. The court’s opinion stated that the reliability “of radar speed measuring devices as used in their
present modes and particularly in some cases, has not been established beyond
and to the exclusion of every reasonable doubt, nor has it met the test of the
reasonable scientific certainty.”
United States v. Fields (1982)
The District Court in Ohio ruled that it was impossible to determine from the
radar results whether the defendant was traveling at 43 mph or whether the
Speedgun Eight radar unit was measuring the rotation of the ventilation fan at
the sewage pumping station next to the officer’s car. The court also found that
the officer was not qualified to operate the radar unit since he did not know the
requirements for correct operation of the unit. In addition, the officer did not
calibrate the unit before its use.
Commonwealth of Kentucky v. Honeycutt (1966)
This case is a very common prosecution weapon against the 24 hours of
classroom and 16 hours of field training requirement. In this case the court ruled
that an officer should not be required to know the scientific principles of radar.
The court also ruled that the officer only needs to know how to properly set up,
test and read the radar unit. As such, a few hours of instruction should be
enough to qualify an officer to operate the radar unit.

State of Connecticut v. Tomanelli (1966)
In the case, which is the same year as the Honeycutt case, the Supreme Court of
Connecticut ruled that “outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the
speed recorded.” The court also stated that tuning forks must be proved to be
accurate to be accepted as valid tests of a radar unit. In order to establish the
accuracy of the radar unit the operator must testify to the following:
1. That he made tuning fork tests before and after the defendant’s speed was
recorded.
2. That the tests were made by activating 40, 60 and 80 mph tuning forks and by
observing that the unit responded correctly in each case.
State of Minnesota v. Gerdes (1971)
The Supreme Court of Minnesota ruled that where the only means of testing
the accuracy of a radar unit is an internal mechanism within the unit, and there is
no other evidence of the motorist’s speed other than the radar reading, the conviction cannot be sustained. The court also established the following conditions
for proving the accuracy of the radar unit:
1. The officer must have adequate training and experience in the operation of
radar unit.
2. The officer must testify as to how the unit was set up and the conditions the
unit was operated under.
3. It must be shown that the unit operated with a minimum possibility of distortion from external interference.
4. The unit must be tested with an external source, such as a tuning fork or an
actual test run with another vehicle that has an accurately calibrated speedometer.
People of New York v. Perlman (1977)
The Suffolk County District Court ruled that the radar device was not proved to
be accurate since no external test had been performed before or after the arrest.
This case is significant since it established the criteria of testing before and after a
citation is issued.
State of Wisconsin v. Hanson (1978)
In this landmark case, the Supreme Court of Wisconsin set minimum
conditions for the use of radar as evidence. Sufficient evidence to support a
speeding conviction with moving radar will require testimony by a competent
operating officer that:

1. He had adequate training and experience in radar operation;
2. The radar unit was in proper working condition at the time of the arrest;
3. The radar unit was used in an area where there was a minimum possibility of
distortion;
4. The input speed of the officer’s car was verified, the car’s speedometer was
expertly tested within a reasonable period after the citation was issued; and
5. All testing was done without the use of the radar unit’s own internal
calibration device.
State of Florida v. Allweiss (1980)
The Pinellas County Court ruled that the testing methods for radar equipment
are legally insufficient. “The use of such a tuning fork furnished by the manufacturer in this court’s opinion is tantamount to allowing the machine to test itself.
A tuning fork furnished by the manufacturer is but an extension and part of the
total speed measuring apparatus which is furnished by the manufacturer upon
delivery.”
State of Delaware v. Edwards (1980)
The court found that evidence based solely on the reading from a K-55 moving
radar unit was not sufficient for a conviction since the unit has not been proven
to be reliable.
State of Ohio v. Oberhaus (1983)
The court sustained a Motion to Suppress the results of a K-55 moving radar
unit. The court further ruled that the K-55 unit was only acceptable in the stationary mode.

Appendix C - United States Radar Speed Guns
Listed below are the major radar units, along with their manufacturers,
encountered in the United States. These units account for approximately 90% of
all units in use today. Remember that every unit is equipped with an audio alarm
and all but the Speedgun series have audio Doppler.
Broderick Enforcement Electronics (B.E.E.)
7155 Antigua Place
Sarasota, FL 33581
BEE - 36 K - Band Moving
Beam: 15 Degree Range: N / A
BEE - 36 X - Band Moving
Beam: 18 Degrees Range: N / A

PAY NO FINE A User Guide to Successfully Fighting Traffic Tickets A User Guide to Successfully Fighting Traffic Tickets DISCLAIMER Chapter 6 Show Time - The People vs. You Appearances count Who’s Who Typical Trial Procedure The Prosecution’s Case PART One - From Driveway to Court Day Chapter 2 Radar Detectors and Jammers Chapter 3 What to do when you are stopped Chapter 1 How to avoid a traffic ticket Introduction